SCHEDULES

Section 4.

SCHEDULE 1Development Plans

PART IUnitary Development Plans

Survey of planning areas

1(1)The local planning authority—

(a)shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

(b)may, if they think fit, institute a survey or surveys of their area or any part of their area for examining those matters.

(2)Without prejudice to the generality of sub-paragraph (1) above, the matters to be kept under review or examined under that subparagraph shall include—

(a)the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas ;

(b)the size, composition and distribution of the population of that area (whether resident or otherwise);

(c)without prejudice to paragraph (a) above, the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

(d)any considerations not mentioned in any of the foregoing paragraphs which may be expected to affect any matters mentioned in them;

(e)such other matters as may be prescribed or as the Secretary of State may in a particular case direct;

(f)any changes already projected in any of the matters mentioned in any of the foregoing paragraphs and the effect which those changes are likely to have on the development of that area or the planning of such development.

(3)A local planning authority shall, for the purpose of discharging their functions under this paragraph of keeping under review and examining any matters relating to the area of another such authority, consult with that other authority about those matters.

Preparation of unitary development plan

2(1)The local planning authority shall, after the coming into force of this paragraph in their area and within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a unitary development plan.

(2)A unitary development plan shall comprise two parts, namely—

(a)Part I which shall consist of a written statement formulating the authority's general policies in respect of the development and other use of land in their area (including measures for the improvement of the physical environment and the management of traffic) ; and

(b)Part II which shall consist of—

(i)a written statement formulating in such detail as the authority think appropriate (and so as to be readily distinguishable from the other contents of the plan) their proposals for the development or other use of land in their area or for any description of development or other use of such land ;

(ii)a map showing those proposals on a geographical basis ;

(iii)a reasoned justification of the general policies in Part I and of the proposals in Part II; and

(iv)such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies in Part I or the proposals in Part II as the authority think appropriate or as may be prescribed.

(3)A unitary development plan shall also contain such other matters as may be prescribed or as the Secretary of State may in any particular case direct.

(4)In formulating the general policies in Part I of a unitary development plan the authority shall have regard—

(a)to any strategic guidance given by the Secretary of State to assist them in the preparation of the plan ;

(b)to current national and regional policies ;

(c)to the resources likely to be available ; and

(d)to such other matters as the Secretary of State may direct the authority to take into account.

(5)The proposals in Part II of a unitary development plan shall be in general conformity with Part I.

(6)Part II of a unitary development plan may designate any part of the authority's area as an action area, that is to say, an area which they have selected for the commencement during a prescribed period of comprehensive treatment by development, redevelopment or improvement (or partly by one and partly by another method) and if an area is so designated that Part of the plan shall contain a description of the treatment proposed by the authority.

(7)In preparing a unitary development plan the authority shall take into account the provisions of any scheme under paragraph 3 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.

Publicity in connection with preparation of unitary development plan

3(1)When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall take such steps as will in their opinion secure—

(a)that adequate publicity is given in their area to the matters which they propose to include in the plan;

(b)that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so ; and

(c)that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2)Where the local planning authority have prepared a unitary development plan they shall, before adopting it, make copies of it available for inspection at their office and at such other places as may be prescribed and send a copy to the Secretary of State; and each copy made available for inspection shall be accompanied by a statement of the time within which objections to the plan may be made to the authority.

(3)The copy of a unitary development plan sent to the Secretary of State under sub-paragraph (2) above shall be accompanied by a statement—

(a)of the steps which the authority have taken to comply with sub-paragraph (1) above ; and

(b)of the authority's consultations with, and their consideration of the views of, other persons.

(4)If, on considering the statement submitted with and the matters contained in a unitary development plan and any other information provided by the local planning authority, the Secretary of State is not satisfied that the purposes of paragraphs (a) to (c) of sub-paragraph (1) above have been adequately achieved by the steps taken by the authority in compliance with that sub-paragraph, he may, within twenty-one days of the receipt of the statement, direct the authority not to take further steps for the adoption of the plan without taking such further action as he may specify in order better to achieve those purposes and satisfying him that they have done so.

(5)A local planning authority who are given directions by the Secretary of State under sub-paragraph (4) above shall—

(a)forthwith withdraw the copies of the unitary development plan made available for inspection as required by subparagraph (2) above; and

(b)notify any person by whom objections to the plan have been made to the authority that the Secretary of State has given such directions as aforesaid.

Withdrawal of unitary development plan

4(1)A unitary development plan may be withdrawn by the local planning authority at any time before it is adopted by the authority or approved by the Secretary of State and shall be withdrawn by the authority if the Secretary of State so directs.

(2)Where a unitary development plan is withdrawn the authority shall—

(a)withdraw the copies made available for inspection and sent to the Secretary of State under paragraph 3(2) above; and

(b)give notice that the plan has been withdrawn to every person who has made an objection to it.

(3)In determining the steps to be taken by a local planning authority to secure the purposes of paragraphs (a) to (c) of sub-paragraph (1) of paragraph 3 above the authority and the Secretary of State may take into account any steps taken to secure those purposes in connection with any unitary development plan which the authority have previously withdrawn.

(4)Where a unitary development plan is withdrawn the copies of the plan shall be treated as never having been made available under paragraph 3(2) above.

Adoption of unitary development plan by local planning authority

5(1)After the expiry of the period afforded for making objections to a unitary development plan or, if such objections have been duly made during that period, after considering those objections, the local planning authority may, subject to the following provisions of this paragraph and paragraph 7 below, by resolution adopt the plan either as originally prepared or as modified to take account—

(a)of those objections ;

(b)of any other objections made to the plan ;

(c)of any other considerations which appear to the authority to be material.

(2)A unitary development plan shall not be adopted unless Part II of the plan is in general conformity with Part I.

(3)Where an objection to a unitary development plan has been made by the Minister of Agriculture, Fisheries and Food and the local planning authority do not propose to modify the plan to take account of the objection the authority—

(a)shall send the Secretary of State particulars of the objection and a statement of their reasons for not modifying the plan to take account of it; and

(b)shall not adopt the plan unless the Secretary of State authorises them to do so.

(4)Subject to the following provisions of this Schedule and to section 242 of the [1971 c. 78.] Town and Country Planning Act 1971, a unitary development plan shall become operative on the date on which it is adopted.

Local inquiries and hearings prior to adoption

6(1)For the purpose of considering objections to a unitary development plan the local planning authority may, and shall in the case of objections made in accordance with regulations under this Part of this Schedule, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Part of this Schedule, by the authority themselves ; and—

(a)subsections (2) and (3) of section 250 of the [1972 c. 70.] Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this paragraph as they apply to an inquiry under that section ; and

(b)the [1971 c. 62.] Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

(2)Regulations made for the purposes of this paragraph may—

(a)make provision with respect! to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under this paragraph, including provision enabling the Secretary of State to direct a local planning authority to appoint a particular person or one of a specified list or class of persons ;

(b)make provision with respect to the remuneration and allowances of a person appointed for that purpose.

(3)No local inquiry or other hearing need be held under this paragraph if all persons who have made objections have indicated in writing that they do not wish to appear.

Calling in of unitary development plan for approval by Secretary of State

7(1)At any time after a copy of a unitary development plan has been sent to the Secretary of State under paragraph 3(2) above and before it is adopted by the local planning authority, the Secretary of State may direct that the whole or part of the plan shall be submitted to him for his approval, and in that event—

(a)the authority shall not take any further steps for the adoption of the plan until the Secretary of State has given his decision on the plan or the relevant part of it; and

(b)the plan or the relevant part of it shall not have effect unless approved by him and shall not require adoption under the foregoing provisions of this Schedule.

(2)Where particulars of an objection to a unitary development plan have been sent to the Secretary of State under paragraph 5(3) above, then, unless he is satisfied that the Minister of Agriculture, Fisheries and Food no longer objects to the plan, it shall be the duty of the Secretary of State to give a direction in respect of it under subparagraph (1) above.

(3)Sub-paragraph (1)(a) above applies in particular to holding or proceeding with a local inquiry or other hearing in respect of the plan under paragraph 6 above ; and at any such inquiry or hearing which is subsequently held or resumed a local planning authority shall not be obliged to afford any person an opportunity of being heard in respect of any objection which has been heard at an examination, local inquiry or other hearing under paragraph 9 below or which the Secretary of State states that he has considered in making his decision.

Approval of unitary development plan by Secretary of State

8(1)Subject to paragraph 9 below, the Secretary of State may after considering a plan or part of a plan submitted to him under paragraph 7(1) above either approve it in whole or in part and with or without modifications or reservations or reject it.

(2)In considering a plan or part of a plan submitted to him as aforesaid the Secretary of State may take into account any matters which he thinks relevant, whether or not they were taken into account in the plan or that part of it.

(3)The Secretary of State shall give to a local planning authority such statement as he considers appropriate of the reasons governing his decision on any plan or part of a plan submitted to him.

(4)Where the whole or part of Part I of a unitary development plan is approved by the Secretary of State with modifications, the local planning authority shall, before adopting the remainder of the plan, make such modifications in Part II as may be directed by the Secretary of State for bringing it into general conformity with Part I and, in the absence of any such direction, shall make such modifications for that purpose in Part II as appear to the authority to be required.

(5)Subject to section 242 of the [1971 c. 78.] Town and Country Planning Act 1971, a plan or part of a plan which is approved by the Secretary of State under this paragraph shall become operative on such day as he may appoint.

Local inquiry, public examination and consultation by Secretary of State

9(1)Subject to sub-paragraph (3) below, before deciding whether or not to approve a plan or part of a plan submitted to him under paragraph 7(1) above, the Secretary of State shall consider any objection to it so far as made in accordance with regulations under ¦this Part of this Schedule.

(2)Subject to sub-paragraph (3) below, where—

(a)the whole of a unitary development plan; or

(b)the whole or part of Part II of such a plan ; or

(c)the whole or part of Part I together with any part of Part II, or the whole of Part II together with any part of Part I, of such a plan,

is submitted as aforesaid, then, if any objections have been made to the plan or the relevant part of it as aforesaid, the Secretary of State shall before deciding whether to approve it cause a local inquiry or other hearing to be held for the purpose of considering those objections.

(3)The Secretary of State need not under sub-paragraph (1) above consider any objections which have already been considered by the local planning authority and need not cause a local inquiry or other hearing to be held under sub-paragraph (2) above if that authority have already held a local inquiry or other hearing into the objections under paragraph 6 above or the Secretary of State, on taking the plan or the relevant part of it into consideration, decides to reject it.

(4)Where the whole or part of Part I of a unitary development plan (but not the whole or any part of Part II) is submitted to the Secretary of State under paragraph 7(1) above he may cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting the Secretary of State's consideration of the part of the plan submitted to him as he considers ought to be so examined.

(5)The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination under sub-paragraph (4) above.

(6)The Secretary of State shall not be required to secure to any local planning authority or other person a right to be heard at an examination under sub-paragraph (4) above, and the bodies and persons who may take part shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so; but the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part if it appears to him or them desirable to do so.

(7)An examination under sub-paragraph (4) above shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the [1971 c. 62.] Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.

(8)On considering a plan or part of a plan submitted to him under paragraph 7(1) above the Secretary of State may consult with or consider the views of any local planning authority or other person but shall not be under any obligation to do so except as provided in the foregoing provisions of this paragraph.

Alteration of unitary development plan

10(1)A local planning authority may at any time, and shall if so directed by the Secretary of State, make proposals for the alteration or replacement of a unitary development plan adopted or approved for their area under the foregoing provisions of this Part of this Schedule but, except in pursuance of such a direction, a local planning authority shall not without the consent of the Secretary of State make proposals under this paragraph in respect of any plan or part of a plan if that plan or any part of it has been approved by him under those provisions.

(2)Paragraphs 2 to 9 above (other than sub-paragraph (1) of paragraph 2) shall apply in relation to the making of proposals under this paragraph and to any alteration or replacement so proposed as they apply to the preparation of a unitary development plan under paragraph 2 and to a plan prepared under that paragraph.

(3)As soon as practicable after—

(a)an order has been made under paragraph 5 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (designation of enterprise zone); or

(b)a notification has been given under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme),

the local planning authority for an area in which the zone is wholly •or partly situated shall review any unitary development plan for that area in the fight of the provisions of the scheme or modified scheme under that Schedule and prepare proposals under this paragraph for any consequential alterations to the plan which they consider necessary.

Disregard of certain representations

11Notwithstanding anything in the foregoing provisions of this Part of this Schedule, neither the Secretary of State nor a local planning authority shall be required to consider representations or objections with respect to a unitary development plan or any proposals for the alteration or replacement of such a plan if it appears to the Secretary of State or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a)an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the [1980 c. 66.] Highways Act 1980 ;

(b)an order or scheme under any provision replaced by the provisions mentioned in paragraph (a) above, namely, an order or scheme under section 7, 9, 11, 13 or 20 of the [1959 c. 25.] Highways Act 1959, section 3 of the [1961 c. 63.] Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the [1971 c. 41.] Highways Act 1971; or

(c)an order under section 1 of the [1981 c. 64.] New Towns Act 1981.

Joint unitary development plans

12(1)A joint unitary development plan may be prepared by two or more local planning authorities in Greater London or by two or more local planning authorities in a metropolitan county; and the foregoing provisions of this Part of this Schedule shall, in relation to any such joint plan, have effect subject to the following provisions of this paragraph.

(2)The local planning authorities shall jointly take such steps as will in their opinion secure—

(a)that adequate publicity is given in their areas to the matters proposed to be included in the plan ;

(b)that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so ; and

(c)that such persons are given an adequate opportunity of making such representations ;

and the authorities shall consider any representations made to them within the prescribed period.

(3)Sub-paragraph (1) of paragraph 3 above shall not apply in relation to a joint unitary development plan and references in subparagraphs (3) and (4) of that paragraph and in paragraph 4(3) above to sub-paragraph (1) of paragraph 3 and the purposes of paragraphs (a) to (c) of that sub-paragraph shall include references to sub-paragraph (2) above and the purposes of paragraphs (a) to (c) of that sub-paragraph.

(4)Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed by sub-paragraph (2) of paragraph 3 above of making copies of the plan available for inspection, and objections to the plan may be made to any of those authorities and the statement required by that sub-paragraph to accompany copies of the plan shall state that objections may be so made.

(5)It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under paragraph 5(1) above and they may do so as respects any part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.

(6)Where a unitary development plan has been prepared jointly the power of making proposals in respect of the plan under paragraph 10 above may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that paragraph direct any of them to make proposals as respects their respective areas.

(7)In relation to any proposals made jointly under paragraph 10 above the reference in sub-paragraph (2) of that paragraph to paragraphs 2 to 9 above shall include a reference to sub-paragraph (2) above.

(8)The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.

Default powers

13(1)Where, by virtue of any of the foregoing provisions of this Part of this Schedule, any unitary development plan or proposals for the alteration or replacement of such a plan are required to be prepared, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a)if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the local planning authority are not taking the steps necessary to enable them to prepare or adopt such a plan or proposals within a reasonable period; or

(b)in a case where a period is specified for the preparation or adoption of any such plan or proposals if no such plan or proposals have been prepared or adopted within that period,

the Secretary of State may prepare and make the plan or any part of it or, as the case may be, alter or replace it, as he thinks fit.

(2)Where under this paragraph anything which ought to have been done by a local planning authority is done by the Secretary of State, the foregoing provisions of this Part of this Schedule shall, so far as practicable, apply with any necessary modifications in relation to the doing of that thing by the Secretary of State and the thing so done.

(3)Where the Secretary of State incurs expenses under this paragraph in connection with the doing of anything which should have been done by a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

Regulations and directions

14(1)Without prejudice to the foregoing provisions of this Part of this Schedule, the Secretary of State may make regulations with respect to the form and content of unitary development plans and with respect to the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making, alteration or replacement; and such regulations may in particular—

(a)provide for publicity to be given to the results of any review or survey carried out under paragraph 1 above ;

(b)provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in any unitary development plan, and the approval, adoption or making of any such plan or any alteration or replacement of it or to any other prescribed procedural step, and for publicity to be given to the procedure to be followed as aforesaid;

(c)make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration or replacement;

(d)without prejudice to paragraph (b) above, provide for notice to be given to particular persons of the approval, adoption, alteration or replacement of any plan if they have objected to the plan and have notified the local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;

(e)require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step ;

(f)require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public for the purpose mentioned in paragraphs 3(1)(a) or 12(2)(a) above or has been made available for inspection under paragraph 3(2) above, subject (if the regulations so provide) to the payment of a reasonable charge;

(g)provide for the publication and inspection of any unitary development plan which has been adopted, approved or made or any document approved, adopted or made altering or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(2)Regulations under this paragraph may make different provision for different cases.

(3)Subject to the foregoing provisions of this Part of this Schedule and to any regulations under this paragraph, the Secretary of State may give directions to any local planning authority or to local planning authorities generally.—

(a)for formulating the procedure for the carrying out of their functions under this Part of this Schedule ;

(b)for requiring them to give him such information as he may require for carrying out any of his functions under this Part of this Schedule.

Meaning of " development plan " in Greater London and metropolitan counties

15(1)For the purposes of the [1971 c. 78.] Town and Country Planning Act 1971, any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and the [1980 c. 66.] Highways Act 1980, the development plan for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

(a)the provisions of the unitary development plan for the time being in force for that area or the relevant part of it, together with a copy of the local planning authority's resolution of adoption or the Secretary of State's notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

(b)any alteration to that plan, together with a copy of the authority's resolution of adoption, or the Secretary of State's notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

Consequential amendments

16(1)In section 192(1) of the [1971 c. 78.] Town and Country Planning Act 1971 after paragraph (b) there shall be inserted—

“(bb)is land indicated in a unitary development plan in force for the district in which it is situated either as land which may be required for the purpose of any such functions or as land which may be included in an action area ; or

(bc)is land which by a unitary development plan is allocated for the purposes, or defined as the site, of proposed development! for any such functions ;”.

(2)In section 194(2X 0 of that Act after the words "paragraph (a) " there shall be inserted the words " or (bb)" .

(3)In section 242(1)(a) of that Act for the words " a local plan " there shall be substituted the words " , local plan or unitary development plan" .

(4)After section 244(5) of that Act there shall be inserted—

“(6)Subsections (1) and (2) of this section shall apply to a unitary development plan as they apply to a structure plan or local plan as if references to Part II of this Act and section 18(1) of this Act were references to Part I of Schedule 1 to the Local Government Act 1985 and paragraph 14 of that Schedule.”

(5)In section 255(2)(a) of that Act after the words " Part II of this Act" there shall be inserted the words " or of a unitary development plan under Part I of Schedule 1 to the Local Government Act 1985" .

(6)In section 266(1)(a) of that Act after the words " Part II of this Act" there shall be inserted the words " or Part I of Schedule 1 to the Local Government Act 1985" .

(7)In section 280(1)(a) of that Act after the words " Part II of this Act" there shall be inserted the words " or a unitary development plan relating to the land under Part I of Schedule 1 to the Local Government Act 1985" .

(8)In section 290(1) of that Act, in the definition of " development plan " after the words " section 20 of this Act" there shall be inserted the words " and paragraph 15 of Schedule 1 to the Local Government Act 1985" .

17(1)In paragraphs (bb) and (bc) of section 192(1) of the Town and Country Planning Act 1971 the references to a unitary development plan shall include references to—

(a)a unitary development plan of which copies have been made available for inspection under paragraph 3(2) above ;

(b)proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by paragraph 10(2) above ; and

(c)modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b) above, being modifications of which notice has been given in accordance with regulations under Part I of this Schedule.

(2)No blight notice shall be served by virtue of this paragraph at any time after the copies of the plan or proposals made available for inspection have been withdrawn under paragraph 3(5) or 4(2) above but paragraph 4(4) above shall not invalidate any blight notice served by virtue of this paragraph before the withdrawal of copies of the plan or proposals.

(3)No blight notice shall be served by virtue of this paragraph after the relevant plan or alterations have come into force (whether in their original form or with modifications) or the local planning authority have decided to abandon, or the Secretary of State has decided to reject, the plan or alterations and notice of the decision has been given by advertisement.

(4)Section 68(6) of the [1973 c. 26.] Land Compensation Act 1973 (right to serve substituted counter-notice where the relevant plan or alterations come into force) shall apply also to a blight notice served by virtue of this paragraph.

(5)References in sub-paragraph (1) above to anything done under the provisions there mentioned include references to anything done under those provisions as they apply by virtue of paragraph 13(2) above.

(6)In relation to land falling within the said section 192(1) by virtue of this paragraph "the appropriate enactment" for the purposes of sections 192 to 207 of the said Act of 1971 shall be determined in accordance with subsection (2) of section 206 of that Act as if references in that subsection to the development plan were references to such plan, proposals or modifications as are mentioned in sub-paragraph ((1)(a)). (b) or (c) above.

PART IITransitional Provisions

Continuation of structure plans, local plans and old development plans

18(1)Subject to paragraphs 19 and 20 below—

(a)the structure plan,

(b)any local plan ; and

(c)any old development plan,

which at the abolition date is in force in the area of a local planning authority in Greater London or a metropolitan county (or in that and other areas) shall continue in force in respect of the area of that authority until a unitary development plan for that area becomes operative under Part I of this Schedule or, where parts of a unitary development plan become operative on different dates, until every part of it has become operative.

(2)A plan which continues in force by virtue of this paragraph shall, while it continues in force, be treated for the purposes of the [1971 c. 78.] Town and Country Planning Act 1971, any other enactment relating to town and country planning, the [1961 c. 33.] Land Compensation Act 1961 and the [1980 c. 66.] Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question.

(3)In this paragraph " structure plan" , in relation to Greater London, means the Greater London Development Plan and " old development plan " means any plan which is in force in the area in question on the abolition date by virtue of Schedule 7 to the said Act of 1971.

Revocation of structure plan

19(1)Where under Part I of this Schedule the Secretary of State approves all or any of Part I of a unitary development plan he may by order—

(a)wholly or partly revoke a structure plan continued in force by paragraph 18 above, either in its application to the whole of the area of a local planning authority or in its application to part of that area; and

(b)make such consequential amendments to that plan as appear to him to be necessary or expedient.

(2)Before making an order under this paragraph the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

Local plans between abolition date and coming into force of Part I of this Schedule

20(1)This paragraph has effect with respect to the application of Part II of the said Act of 1971 in relation to the area of a local planning authority in Greater London or a metropolitan county between the abolition date and the coming into force in that area of Part I of this Schedule.

(2)The said Part II shall not apply except for sections 6 and 21(3), paragraph 2 of Schedule 4 and the provisions relating to the preparation, alteration, repeal or replacement of local plans by local planning authorities which are London borough councils or metropolitan district councils and, in respect of those matters, those provisions shall not include—

(a)sections 12(1A) and 14(5) to (7) and any other provision referring to those provisions ; and

(b)section 15A.

(3)In section 15(1) and (2) the reference to a local plan adopted by a local planning authority shall—

(a)in the case of a local planning authority which is a London borough council, include a local plan adopted by the Greater London Council and in force in respect of the area of that authority on the abolition date ;

(b)in the case of a local planning authority which is a metropolitan district council, include a local plan adopted by the metropolitan county council and in force in the area of that authority on that date.

(4)On the coming into force in any area of Part I of this Schedule, any local plan or proposal for the alteration, repeal or replacement of a local plan which—

(a)has been prepared by a London borough council or metropolitan district council (or by such a council jointly with one or more other such councils) ; but

(b)has not been adopted or approved,

shall be treated as having been abandoned by that council or those councils.

Incorporation of current local plan in unitary development plan

21(1)A unitary development plan shall include any local plan which is in force in respect of the area in question at the time when the unitary development plan is prepared but subject to such alterations, if any, as may be specified in Part II of the unitary development plan ; and a unitary development plan shall as respects any such local plan indicate the extent, if any, to which it is subject to alteration in accordance with Part II of the unitary development plan.

(2)This paragraph shall not be construed as enabling any objections to be made to any part of a unitary development plan which consists of provisions of a local plan that are not subject to alterations as aforesaid.

Publicity in connection with local plan

22In determining the steps to be taken by a local planning authority or local planning authorities to secure the purposes of paragraph 3(1)(a) to (c) or paragraph 12(2)(a) to (c) above in relation to proposals made in respect of a unitary development plan, the authority or authorities may under those provisions, and the Secretary of State may under paragraph 3(4) above, take into account any steps taken by the authority or authorities to secure those purposes in relation to the same or similar proposals made in respect of a local plan.

Pending proposals by GLC or metropolitan county council

23(1)Any proposals for the alteration, or for the repeal and replacement, of a structure plan which have been prepared by the Greater London Council or a metropolitan county council before the abolition date but have not been approved by the Secretary of State shall be treated as having been withdrawn by that council.

(2)Subject to sub-paragraph (3) below, any local plan or proposal for the alteration, repeal or replacement of a local plan which has been prepared by the Greater London Council or a metropolitan county council before the abolition date but has not been adopted or approved shall be treated as having been abandoned by that council.

(3)Where before the abolition date the Secretary of State has directed that any local plan or any such proposals as are mentioned in sub-paragraph (2) above shall not have effect unless approved by him, he shall continue to consider the plan or the proposals and give his decision thereon as if the plan or proposals had been prepared and submitted by the London borough or metropolitan district council whose area is affected by the plan or proposals or, where the areas of two or more such councils are affected, as if the plan or proposals had been a joint plan or joint proposals prepared by those councils.

(4)In the case of any such local plan or proposals as are mentioned in sub-paragraph (2) above the grounds on which the Secretary of State may give such a direction as is mentioned in sub-paragraph (3) above shall include the ground that he considers it desirable that the plan or proposals should, instead of being treated as abandoned, be dealt with by him in accordance with sub-paragraph (3) above.

Section 6.

SCHEDULE 2Listed Buildings, Conservation Areas and Ancient Monuments

Listed buildings and conservation areas

1(1)The [1971 c. 78.] Town and Country Planning Act 1971 shall be amended as follows.

(2)In section 28(2) for the words from the beginning to " National Park " there shall be substituted the words " In Greater London or a metropolitan county the local planning authority, in any part of a National Park outside a metropolitan county" .

(3)In section 54—

(a)in subsection (5) for the words from " clerk " , in the first place where it occurs, to the end of the subsection there shall be substituted the words " proper officer of a London borough shall be deposited also with the chief officer of the Commission" ;

(b)in subsection (8) for the words " with whose clerk " there shall be substituted the words " or body with whose officer" , and at the end there shall be inserted " or, in the case of the Commission, in Greater London." ; and

(c)in subsection (11), in paragraph (a) after the words " Greater London" there shall be inserted the words " or a metropolitan county" , and in paragraph (b) for the words "a National Park " there shall be substituted the words " any part of a National Park outside a metropolitan county" .

(4)For section 54A(4) there shall be substituted—

“(4)In this section " local planning authority" shall, in relation to a building in Greater London, include the Historic Buildings and Monuments Commission for England.”.

(5)In section 58—

(a)in subsection (1) for the words " district planning authority " there shall be substituted the words " local planning authority, other than a county planning authority," ;

(b)in subsections (3), (5) and (6) for the word " district" there shall be substituted me word " local" ; and

(c)after subsection (6) there shall be inserted—

“(7)The Historic Buildings and Monuments Commission for England shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under this section ; and references to the local planning authority shall be construed accordingly.”.

(6)After section 58 there shall be inserted—

“58ASpecial provision for listed buildings in Greater London.

(1)Without prejudice to his powers by virtue of section 31(1) of this Act the Secretary of State may by regulations provide for any application for planning permission to which this section applies to be referred to the Historic Buildings and Monuments Commission for England before it is dealt with by the local planning authority.

(2)This section applies to an application for planning permission for any development in Greater London which would, in the opinion of the local planning authority to which the application is made, involve the demolition, in whole or in part, or a material alteration, of a listed building.

(3)Regulations under this section may provide—

(a)for the giving to the referring authority by the Commission of directions as to the manner in which an application is to be dealt with ; and

(b)that an application which satisfies such conditions as may be specified in the regulations need not be referred to the Commission.”.

(7)After section 99A there shall be inserted—

“99BConcurrent functions in London.

The Historic Buildings and Monuments Commission for England shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under sections 96 to 99A of this Act; and references to the local planning authority in those provisions, or in section 88 of this Act as applied for the purpose of any of those provisions, shall be construed accordingly.”.

(8)In section 101—

(a)in subsection (4), after the word " authority " there shall be inserted the words " or the Commission" , and after the word " area " there shall be inserted the words " or, in the case of the Commission, in Greater London," ; and

(b)in subsection (6), after the word " authority " in both places where it occurs, there shall be inserted the words " or the Commission," .

(9)In section 114—

(a)in subsection (1) for the words "the Greater London Council" there shall be substituted the words " the Historic Buildings and Monuments Commission for England" ; and

(b)in subsection (3A) there shall be inserted at the end the words " , other than an order for the acquisition of a building by the Commission. "

(10)in section 115—

(a)in subsection (1) for the words from the beginning to " Act" , in the first place where it occurs, there shall be substituted the words " The compulsory purchase of a building under section 114 of this Act shall not be started by a council or by the Historic Buildings and Monuments Commission for England (in this section referred to as the Commission ") or by the Secretary of State " ;

(b)in subsections (2) and (3), after the word "council" , there shall be inserted the words " , the Commission" ;

(c)in subsection (3A) for the words " the Historic Buildings and Monuments Commission for England " there shall be substituted the words " the Commission" ; and

(d)in subsection (4), after the word " council" , there shall be inserted the words " , the Commission" .

(11)In section 117—

(a)in subsection (1) for the words from the beginning to " if " there shall be substituted the words " Where a council or the Historic Buildings and Monuments Commission for England propose to acquire a building compulsorily under section 114 of this Act and" , and before the word " may " there shall be inserted the ward " they" ; and

(b)in subsection (5) for the words " the local authority " there shall be substituted the words " a council or the Historic Building and Monuments Commission for England" .

(12)In section 126(1), after the word " Act" there shall be inserted the words " or the Historic Buildings and Monuments Commission for England acquire any building or other land under the said section 114(1)" .

(13)At the end of section 246 there shall be inserted—

“(6)In the case of a listed building enforcement notice issued by the Historic Buildings and Monuments Commission for England subsection (1) above shall apply as if the reference to the local planning authority were a reference to the Commission.”

(14)In section 277—

(a)for subsection (5) there shall be substituted—

“(5)Before making a determination under this section the Historic Buildings and Monuments Commission for England and a county planning authority shall respectively consult the council of each London borough or district of which any part is included in the area to which the proposed determination relates : and before designating any area in Greater London as a conservation area the Commission shall obtain the consent of the Secretary of State.”; and

(b)in subsection (10)—

(i)in paragraph (a) for the words " the Greater London Council" there shall be substituted the words " the Historic Buildings and Monuments Commission for England" ;

(ii)after that paragraph there shall be inserted—

“(aa)in a metropolitan county, by the local planning authority ;”; and

(iii)in paragraph (b) for the words " a National Park " there shall be substituted " any part of a National Park outside a metropolitan county" .

(15)In section 277A(11), in paragraph (a) for the words after " Greater London" in the first place where it occurs there shall be substituted " or a metropolitan county, by the local planning authority ;" ; and in paragraph (b) for the words " a National Park " there shall be substituted the words " any part of a National Park outside a metropolitan county" .

(16)At the end of section 280 there shall be inserted—

“(10)In subsections (1)(c), (3), (4) and (8) above references to a local planning authority or local authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.”.

(17)In Schedule 11—

(a)in paragraph 5—

(i)in sub-paragraph (1) the words "(other than a London borough council)" shall be omitted ; and

(ii)after sub-paragraph (2) there shall be inserted—

“(3)Sub-paragraph (1) above shall not apply where the local planning authority to whom application is made is a London borough council, unless the application is made by the Historic Buildings and Monuments Commission for England.”;

(b)in paragraph 6—

(i)in sub-paragraph (1) for the words "the Greater London Council" there shall be substituted the words " the Historic Buildings and Monuments Commission for England (in this paragraph referred to as the Commission ")" ;

(ii)in sub-paragraph (2) for the words "the Greater London Council" there shall be substituted the words " the Commission" ;

(iii)in sub-paragraph (3) for the words " The Greater London Council" there shall be substituted the words " The Commission" , and for the word " Council" in the second and third places where it occurs there shall be substituted the word " Commission" ;

(iv)in sub-paragraph (4) for the word " Council" there shall be substituted the word " Commission" ; and

(v)after that sub-paragraph there shall be inserted—

“(5)Where the Commission direct the local planning authority under sub-paragraph (2)(b) of this paragraph to refuse listed building consent, the authority may, within twenty-eight days from the date of the direction, notify the Secretary of State of the application made to them (giving particulars of the works for which the consent is required) ; and if the authority do so notify the Secretary of State, they shall not give effect to the Commission's direction unless either—

(a)a period of twenty-eight days has expired, beginning with the date of the notification, without the Secretary of State having directed the reference of the application to him; or

(b)the Secretary of State has notified the authority that he does not intend to require the reference of the application.

(6)The Secretary of State may at any time before the said period of twenty-eight days expires give notice to the local planning authority that he requires further time in which to consider whether to require the reference of the application to him and sub-paragraph (5)(a) of this paragraph shall then have effect with the substitution for the period of twenty-eight days of such longer period as may be specified in the Secretary of State's notice.

(7)Where after receiving notification under sub-paragraph (5) of this paragraph the Secretary of State directs the reference of the application to him, paragraph 4(4) of this Schedule shall apply as if the reference to the authority were a reference to the authority or the Commission.

(8)Sub-paragraph (1) of this paragraph shall not apply where the application for listed building consent is made by the Commission.”; and

(c)in paragraph 7(1) for the words " the Greater London Council" there shall be substituted the words " the Historic Buildings and Monuments Commission for England" .

Ancient monuments

2(1)The [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979 shall be amended as follows.

(2)In section 33—

(a)after subsection (2) there shall be inserted—

“(2A)The Commission may from time to time by order designate as an area of archaeological importance any area in Greater London which appears to them to merit treatment as such for the purposes of this Act”; and

(b)in subsection (3), after the words "local authority" , there shall be inserted the words " or by the Commission" .

(3)At the end of section 34(3) there shall be inserted the words " ; and, if the area is wholly or partly situated in Greater London, he shall also notify the Commission. "

(4)In Schedule 2, at the end of paragraph 15, there shall be inserted—

“Designation orders by the Commission

15AParagraphs 8, 9, 10 to 13, 14(a) and (6) and 15 above shall have effect in relation to a designation order made by the Commission as if—

(a)in paragraphs 8(1), 12, 13 and 15 the references to a local authority were a reference to the Commission ;

(b)in paragraphs 9 and 14 the first reference to a local authority were a reference to the Commission, and the word " other " were omitted ; and

(c)in paragraph 11—

(i)in sub-paragraph (a) the words in brackets were omitted; and

(ii)in sub-paragraph (6) the reference to the local authority proposing to make the order were a reference to the Commission, and the word " other " were omitted.”

Other functions

3(1)The Historic Buildings and Monuments Commission for England (in this paragraph and paragraph 4 below referred to as " the Commission ") may—

(a)acquire by agreement any building or place of historical or architectural interest in Greater London;

(b)undertake, or contribute towards, the cost of preserving, maintaining and managing any such building or place;

(c)acquire by agreement any work of art;

(d)agree with any person for the production by that person of a work of art for acquisition by the Commission ;

(e)erect and maintain, or contribute towards the provision, erection and maintenance of, any work of art in any place in Greater London.

(2)For the purpose of providing for the accommodation, exhibition and preservation of works of art or objects of historical, antiquarian or other public interest which may for the time being be in the possession of the Commission by virtue of any gift, loan or discovery, or by virtue of this Act, the Commission may adapt, furnish and maintain any premises given to and for the time being vested in it for the purposes of this sub-paragraph.

(3)The Commission may let any building vested in it for the purposes of sub-paragraph (2) above on such terms and conditions as to payment or otherwise as it thinks fit and may make charges for admission to any such building which may for the time being be under its management and control.

(4)The Commission may in the case of any building in Greater London cause investigations to be made, and information to be published, with respect to the history of the building.

4The Commission may in Greater London, and a London borough council may in its borough—

(a)provide; and

(b)on any conspicuous part of a house, building or place, with the consent of its owner, erect,

a commemorative plaque, tablet or sign indicating an event or matter of public interest in connection with the house, building or place or its site, and may hi that area, with the like consent, maintain any such plaque, tablet or sign erected by it or by any other person or body, whether before or after the passing of this Act.

Section 7.

SCHEDULE 3National Parks and Countryside Functions

Byelaws for country parks etc.

1The land in respect of which a metropolitan district council, London borough council or the Common Council may make bye-laws under section 41 of the [1968 c. 41.] Countryside Act 1968 shall include any land in the area of the council in respect of which byelaws have been, or could have been, made under that section before the abolition date by a metropolitan county council or the Greater London Council.

Joint planning boards for National Parks

2(1)If immediately before the abolition date there is a joint planning board for a National Park which is partly in one or more metropolitan counties and partly in one or more non-metropolitan counties, the district councils in the metropolitan county or counties shall become constituent councils of the board in place of the council of that county or the councils of those counties.

(2)Any such board shall be the local planning authority for the part of the Park in the metropolitan county or counties, and nothing in section 4 of this Act shall be construed as applying to that part of the Park.

Functions of local planning authorities in National Parks

3(1)In section 182(4) and (5) of the [1972 c. 70.] Local Government Act 1972 after the words " National Park " there shall be inserted the words " outside a metropolitan county" .

(2)In section 184(1) of that Act after the words " elsewhere than " there shall be inserted the words " in the metropolitan counties," .

4In paragraphs 54(2) and 55(2) of Schedule 16 to the said Act of 1972 for the words " In a National Park " there shall be substituted the words " As respects an area in a National Park outside a metropolitan county" .

5(1)Schedule 17 to the said Act of 1972 shall be amended as follows.

(2)In paragraph 5 for the words "county or counties" there shall be substituted the words " planning areas" .

(3)In paragraph 8—

(a)for the words "new counties" there shall be substituted the words " planning areas" ;

(b)for the words " those counties " , in both placet, there shall be substituted the words " those areas" .

(4)In paragraph 12A(1) for the words " district councils whose districts" there shall be substituted the words " councils of non-metropolitan districts which " ; and any person who immediately before the abolition date is a member of a board or committee by virtue of an appointment made under the said paragraph 12A by the council of a metropolitan district (whether alone or jointly) shall cease to be a member of that board or committee on that date.

(5)In paragraph 13(b) and (c) for the words " county council" there shall be substituted the words " county or metropolitan district council" .

(6)In paragraph 14—

(a)for the words " one county" and " the county" there shall be substituted respectively the words " One planning area " and " the area " ;

(b)for the words " two or more counties " and " those counties " there shall be substituted respectively the words " two or more planning areas " and " those areas " ;

(c)for the words (in paragraph (b)) " county council" there shall be substituted the words " county or metropolitan district council" .

(7)In paragraph 16 for the words "the county council" there shall be substituted the words " the council of the planning area" .

(8)After paragraph 21 there shall be inserted—

“21AIn this Part of this Schedule " planning area " meant a metropolitan district or a non-metropolitan county.”

(9)Paragraph 35 shall have effect in relation to any area—

(a)which is in a metropolitan district; and

(b)to which subsections (1) and (2) of section 61 of the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 do not apply at the abolition date by virtue of subsection (3) of that section,

as if the reference to the county council were a reference to the council of that metropolitan district.

Grants for expenditure on National Parks

6In section 7 of the [1974 c. 7.] Local Government Act 1974—

(a)in subsection (1) for the words "county councils" there shall be substituted the words " councils of counties and metropolitan districts" ;

(b)in subsection (3) for the words "county councils whose areas" there shall be substituted the words " councils of counties or metropolitan districts which " and for the words " a county council" there shall be substituted the words " a council" .

Other powers relating to nature conservation, the countryside and the National Parks

7(1)The [1981 c. 69.] Wildlife and Countryside Act 1981 shall be amended as follows.

(2)In section 34(6) for the definition of " the relevant authority " there shall be substituted—

• “' the relevant authority' means—

  (a)

  in relation to a non-metropolitan county, the county planning authority and, in relation to any outer area in England, the local planning authority ;

  (b)

  in relation to Scotland, the authority exercising district planning functions.”

(3)In section 39(5)(a) after the words " National Park " there shall be inserted the words " and outside a metropolitan county. "

(4)In sections 42, 43, 44 and 51(2)(c) for the words " county planning authority " , wherever they occur, there shall be substituted the words " local planning authority" .

(5)In section 52(2) for the words from the beginning to the end of paragraph (b) there shall be substituted the words " In the application of this Part to England (except as respects a metropolitan county or Greater London) and to Wales references to a local planning authority shall be construed—

(a)in sections 42, 43, 44 and 51(2)(c) as references to a county planning authority; and

(b)in any other provision, as references to a county planning authority and a district plamiing authority; " .

(6)In section 66(1) for the definition of " surveying authority " there shall be substituted—

• “' surveying authority', in relation to any area, means the county council, metropolitan district council or London borough council whose area includes that area.”

(7)In section 72(10) after the words "a county council" there shall be inserted the words " or metropolitan district council" .

(8)In the definition of "local authority" in paragraph 5(1) of Schedule 14 and paragraph 13(2) of Schedule 15 for the words "a district council, the Greater London Council" there shall be substituted the words " a non-metropolitan district council" .

Section 8.

SCHEDULE 4Highways

PART IAmendments of the [1980 c. 66.] Highways Act 1980

1In section 1—

(a)in subsection (2), after the word " county " in the first place where it occurs, there shall be inserted the words " or metropolitan district" , and after that word in the second place where it occurs there shall be inserted the words " or, as the case may be, the district" ;

(b)in subsection (3) for the words from the beginning to " the council" there shall be substituted the words " The council" ; and

(c)in subsection (4), after the word "county" , there shall be inserted the words " or, as the case may be, the metropolitan district" .

2In section 2, in paragraph (a), after the word " county " , there shall be inserted the words " or metropolitan district" , and in paragraph (b) for the words from " the" in the second place where it occurs to the end of the paragraph there shall be substituted the words " the council of the borough. "

3In section 4(3), before the word " district" , there shall be inserted the word " non-metropolitan" .

4In section 6—

(a)in subsection (1)—

(i)for the words " the Greater London Council" there shall be substituted the words " a metropolitan district council" ; and

(ii)the words after " below " shall be omitted ;

(b)after that subsection there shall be inserted—

“(1A)The Minister shall not delegate functions to a council under subsection (1) above—

(a)with respect to a trunk road or land outside their area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough;

(b)with respect to a trunk road or land outside their area but within a metropolitan district except after consultation with the council of that district.”

(c)in subsection (5) for the words " the Greater London Council" there shall be substituted the words " a metropolitan district council" ;

(d)in subsection (6) the words after "arrangements" in the third place where it occurs shall be omitted; and

(e)after that subsection there shall be inserted—

“(6A)No arrangements shall be entered into under subsection (6) above for the carrying out by a district council of any functions-

(a)with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district;

(b)with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district”.

5At the end of section 8(4) there shall be inserted " ; and the council of a metropolitan district may not enter into an agreement under this section with the council of another metropolitan district or of a county unless the districts are in the same county or in counties which adjoin each other or, as the case may be, the county in which the district is situated and the other county adjoin each other." .

6In section 20(8) for the words " sections 156 and 159 " there shall be substituted the words " section 156" .

7In sections 31(7), 36(6), 40, 172(1), 188(1), 190(1), 191(1) and (3), 192(1) and (3), 193(1) and (2), 194(1) and (2), 195(3), 197(2) and (3), 198, 199 and 200(2) and (3), after the word "county" , there shall be inserted the words " , metropolitan district" .

8In section 34, after the words " county council," there shall be inserted the words " a metropolitan district council," .

9In section 35, in subsections (1)(a) and (b) and 3(d) and (e) before the word "district" , and in subsection (7) before the word "district" in the first two places where it occurs, there shall be inserted the word " non-metropolitan" .

10In section 39, after the words " county council" , there shall be inserted the words " or metropolitan district council" .

11In section 42(1) and (3), before the word "district" in the first place where it occurs, mere shall be inserted the word " non-metropolitan" .

12In section 43(2), before the word " district" , there shall be inserted the word " non-metropolitan" .

13In section 45—

(a)in subsections (4) and (6) for the word "county" there shall be substituted the words " non-metropolitan county, metropolitan district" ;

(b)in subsections (7) and (8) for the word " county " there shall be substituted the words " non-metropolitan county or metropolitan district" ; and

(c)in subsection (12), before the word "district" in the first place where it occurs, there shall be inserted the word " non-metropolitan" .

14In section 50, in subsection (2), before the word " district" in the first place where it occurs, there shall be inserted the word " non-metropolitan " .

15In section 61, before the word " district" in each place where it occurs there shall be inserted the word " non-metropolitan" .

16In section 64(5) for the words " subsections (1) to (4)" there shall be substituted the words " subsections (1) to (3)" .

17In section 66(6), after the word " county" in both places where it occurs, there shall be inserted the words " or metropolitan district" .

18In section 79(3), before the word "district" there shall be inserted the word " non-metropolitan" .

19In sections 80(4), 195(1)(b), 254(2)(b) and 271(1)(ii) and paragraph 1 of Schedule 15 after the word "county" , there shall be inserted the words " or metropolitan district" .

20In section 95(1), in paragraph (a), after the word "county" , there shall be inserted the words " or metropolitan district" , and in paragraph (c) for the words "any other" there shall be substituted the word " a" .

21At the end of section 100(6) there shall be inserted " ; and where the highway authority are a metropolitan district council they shall, before so exercising any powers under that Act, give such notice to the water authority within whose area the powers are proposed to be exercised." .

22In section 114(1), (3) and (4), after the words "county council" there shall be inserted the words " or metropolitan district council" .

23In section 115H, in subsection (1) for the words "subsections (2) and (3)" there shall be substituted the words " subsection (3) " ; and in subsection (3) for the words from the beginning to " as" there shall be substituted " Subsection (1) above shall have effect in relation to a highway—

(a)to which this Part of this Act applies ; and

(b)in relation to which there is no pedestrian planning order in force, as " .

24In section 116—

(a)in subsection (1) for the word " appropriate" there shall be substituted the word " highway" ; and

(b)for paragraph (a) of subsection" (3) there shall be substituted—

“(a)if the highway is in a non-metropolitan district, the council of that district: and”.

25In sections 134(7) and (10)(a), 143(1)(a), 146(2)(a) and (5)(b). 147(1)(a), 156(2)(i) and 175, before the word " district" , there, shall be inserted the word " non-metropolitan" .

26In section 151(1)(a) for the words after "also" there shall be substituted the words " , if the street is situated in a non-metropolitan district, the council of that district; and" .

27In section 154(1)(b) for the words after " also " there shall be substituted the words " , if the highway is situated in a non-metropolitan district, the council of that district;

28In section 160(2) for the words from "the Greater London Council" to "the Council" there shall be substituted the words " the highway authority that any person mentioned in paragraph (a), (b) or (c) of subsection (1) above has caused an unnecessary obstruction for the purposes of this section, that authority" .

29In section 186—

(a)in subsection (1) for the words " and of every " there shall be substituted the words " , metropolitan district and" ; and

(b)in subsections (5)(b) and (7), after the words " county council " there shall be inserted the words " , metropolitan district council" .

30In section 189(1) for the words " a London" there shall be substituted the words " , metropolitan district council or London" .

31In section 196(8)(a), after the word "council" there shall be inserted the words " or metropolitan district council" .

32In section 197(1) for the word " the " in the second place where it occurs there shall be substituted the words " metropolitan district council or" .

33In section 203(3) in the definition of " street works authority " after the word "county" , there shall be inserted the words " or metropolitan district" .

34In sections 205(5) and 210(2) for the words after "also" there shall be substituted the words " , in the case of a street situated in a non-metropolitan district, at the offices of the council of that district." .

35In sections 220(2) and 223(6), before the word " district" in the first place where it occurs, there shall be inserted the word " non-metropolitan" .

36In section 230(7), after the word "concerned" , there shall be inserted the words " is situated in a non-metropolitan district and" .

37In section 263(5), before the word " district" in the first place where it occurs, there shall be inserted the word " non-metropolitan" .

38In section 264—

(a)in subsection (1), after the word " county " in both places where it occurs, there shall be inserted the words " or metropolitan district" ;

(b)for subsection (2) there shall be substituted—

“(2)The drains belonging to a highway—

(a)which immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; and

(b)which did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act,

vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose.”;

(c)in subsection (3)—

(i)in paragraph (a), before the word "district" , there shall be inserted the word " non-metropolitan" ;

(ii)in paragraph (c) for the words " or the Greater London Council" there shall be substituted the words " , metropolitan district council or London borough council or the Common Council" .

39In section 285—

(a)in subsection (1) for the words from " either " to " are " in the first place where it occurs there shall be substituted the words " the Minister of Transport, after consultation with the highway authority, is" , and in paragraph (b) of that subsection for the word "are" in both places where it occurs there shall be substituted the word " is" ;

(b)in subsection (4) for the words " or the Council execute or propose" there shall be substituted the words " executes or proposes" ;

(c)in subsection (5) for the words "or the Council execute" there shall be substituted the word " executes" ; and

(d)in subsection (6) for the words "or the Council proceed" there shall be substituted the word " proceeds" .

40In section 298(1), before the word "district" , there shall be inserted the word " non-metropolitan" .

41In section 330(1), after the words "county council" in both places where they occur, there shall be inserted the words " or metropolitan district council" .

42In paragraph 1 of Schedule 7, before the words "district council " , there shall be inserted the word " non-metropolitan" .

43In paragraph 1(d) of Schedule 12 for the words from "road" to " is" there shall be substituted the words " road in a non-metropolitan district, to the district council, and if the highway is a classified road" .

44In paragraph 1 of Schedule 23 for the words " they have " there shall be substituted the words " it has" .

PART IIAmendments of Other Enactments

45In section 26 of the [1878 c. 77.] Highways and Locomotives (Amendment) Act 1878 for the words from the beginning to " Greater London Council," there shall be substituted the words " The council of a county or metropolitan district may, with respect to all or any of the highways in that county or district, and" .

46In section 35 of the [1926 c. 51.] Electricity (Supply) Act 1926—

(a)in subsection (1) after the words " any county council" there shall be inserted the words " or metropolitan district council" ; and

(b)for the words " the county council" wherever they occur there shall be substituted the words " the council" .

47In section 21 of the [1936 c. 49.] Public Health Act 1936, after the words" county council" in each place where they occur, there shall be inserted the words " , metropolitan district council or London borough council " and after subsection (4) of that section there shall be inserted—

“(5)In this section references to a London borough council include references to the Common Council of the City of London.”

48In sections 1(1) and 3(1) of the [1955 c. 20 (4 & 5 Eliz. 2).] Agriculture (Improvement of Roads) Act 1955 for the words " county, in England or Wales " there shall be substituted the words " county or metropolitan district in England, or county in Wales" .

49In section 5(1) of the [1957 c. 42.] Parish Councils Act 1957, in the second column of the Table, after the words " county council" , there shall be inserted the words " or metropolitan district council" .

50In the [1971 c. 78.] Town and Country Planning Act 1971—

(a)in section 209(2X£), after the words " county council there shall be inserted the words " , metropolitan district council" ;

(b)in section 216(4) for the words " the Greater London Council, the council of a " there shall be substituted the words " metropolitan district or" ; and

(c)in Schedule 22, in paragraph 4, after the words " county council" , there shall be inserted the words " or metropolitan district council" .

51In section 19(1) of the [1975 c. 26.] Land Compensation Act 1973—

(a)at the end of paragraph (a) of the definition of " the appropriate highway authority " , there shall be inserted the words " or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of the Local Government Act 1985" ; and

(b)at the end of paragraph (b) of that definition, there shall be inserted the words " or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of that Act" .

PART IIISupplementary Provisions

52Where by virtue of this Act the functions of a highway authority are transferred to other highway authorities any rights of the transferor authority under section 82(2) of the [1961 c. 64.] Public Health Act 1961 shall become rights of each of the transferee authorities affected by the local Act in question.

53(1)All such highways or proposed highways as immediately before the abolition date are metropolitan roads shall on that date cease to be metropolitan roads but, subject to sub-paragraph (2) below, shall continue to be principal roads for the purposes of any enactment or instrument which refers to roads or highways classified by the Secretary of State or the Minister of Transport as principal roads.

(2)The Secretary of State may by order direct that a highway or proposed highway which immediately before the abolition date is a metropolitan road shall on that date become a trunk road.

54(1)Where a bridge carries a highway for which the Secretary of State is not the highway authority and part of the bridge is situated in one metropolitan district and part in another in the same county, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those districts as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State.

(2)Where a bridge carries a highway to which this sub-paragraph applies and part of the bridge is situated in one London borough and part in another, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those boroughs as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State.

(3)Sub-paragraph (2) above applies to a highway which—

(a)immediately before the abolition date is a metropolitan road; and

(b)does not on that date become a trunk road by virtue of an order under paragraph 53(2) above.

(4)Where the Secretary of State has made a determination under sub-paragraph (1) or (2) above, the determination—

(a)may be varied at the request of either of the councils concerned; and

(b)shall be varied to give effect to any request made jointly to the Secretary of State by both those councils;

and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

(5)In sub-paragraph (2) above references to a London borough include references to the City and references to the council of a London borough include references to the Common Council; and in sub-paragraph (4) above references to councils shall be construed accordingly.

(6)Without prejudice to section 3(3) of the [1980 c. 66.] Highways Act 1980, where a bridge carries a highway for which the Secretary of State is not the highway authority and sub-paragraphs (1) and (2) above do not apply, but some part of one or more of the approaches to the bridge lies in a metropolitan district or London borough different from that in which the bridge itself is situated, the highway authority for the whole of that approach or those approaches is the council of the metropolitan district or London borough in which the bridge is situated.

(7)For the purposes of this paragraph, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

55In the foregoing provisions of this Part of this Schedule "bridge" , "highway" , "proposed highway" and "trunk road" have the same meaning as in the Highways Act 1980 and " metropolitan road" has the meaning which, but for the provisions of this Act, it would continue to have in that Act

56(1)Subject to the following provisions of this paragraph—

(a)any agreement made between the Secretary of State or the Minister of Transport and a metropolitan county council under subsection (1) or (5) of section 6 of the Highways Act 1980, and

(b)any arrangements made by a metropolitan county council with a district council under subsection (6) of that section,

shall, if subsisting immediately before the abolition date, cease to have effect on that date; and where any such agreement ceases to have effect under this sub-paragraph anything done before the abolition date by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to the Secretary of State.

(2)Subject to sub-paragraph (4) below, the Secretary of State may by order provide that any such agreement specified in the order shall have effect as from the abolition date as an agreement between the Secretary of State and a metropolitan district council or non-metropolitan county council specified in the order (a " successor council") or as two or more separate agreements, each being between the Secretary of State and a successor council.

(3)An order under this paragraph in respect of an agreement may-

(a)provide that anything done by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to any successor council or councils;

(b)modify or exclude any term of the agreement in relation to any successor council or councils;

(c)make provision in respect of any arrangements made by the metropolitan county council under section 6(6) of the said Act of 1980 in relation to the agreement;

(d)include such other incidental, consequential, transitional or supplementary provision as appears to the Secretary of State to be necessary or expedient.

(4)All rights of a metropolitan county council arising from or in connection with any such agreement as is mentioned in sub-paragraph (1) above to receive payments from the Secretary of State and all liabilities of such a council arising as aforesaid to make payments to him (being rights and liabilities attributable to anything done or omitted under or in respect of any such agreement before the abolition date) shall be transferred on that date to the appropriate residuary body; and accordingly as from that date any such agreement shall have effect as respects such rights and liabilities as an agreement between the Secretary of State and the appropriate residuary body.

57The Secretary of State may by order provide that any agreement specified in the order and made before the abolition date between him and a metropolitan county council in pursuance of regulation 14 of the [S.I. 1975/1763.] Noise Insulation Regulations 1975 (local authorities as agents of highway authorities) shall cease to have effect on that date.

Section 8.

SCHEDULE 5Road Traffic

PART IAmendments of Enactments

The Chronically Sick and Disabled Persons Act 1970

1In section 21(8) of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970, after the word "county" , there shall be inserted the words " or metropolitan district" .

The Road Traffic Act 1972

2(1)The [1972 c. 20.] Road Traffic Act 1972 shall be amended as follows.

(2)In section 31(7), after the word "county" , there shall be inserted the words " or metropolitan district" .

(3)In sections 33(4) and 33AA(6) for the words " or of a London borough, the Greater London Council'' there shall be substituted the words " , metropolitan district or London borough

(4)In section 35(5)(a), after the word "county" , there shall be inserted the words " , metropolitan district" .

(5)In section 38(5)(a) for the words "or London borough, or the Greater London Council" there shall be substituted the words " metropolitan district or London borough" .

(6)In section 127(2), in the definition of " local authority " , for the words "the Greater London Council, the council of a London borough " there shall be substituted the words " metropolitan district or London borough" .

(7)In section 196(1). in paragraph (a) of the definition of " highway authority" , for the words from "the Common Council" to " the Greater London Council" there shall be substituted the words " metropolitan district or London borough or the Common Council of the City of London" .

The Public Passenger Vehicles Act 1981

3(1)The [1981 c. 14.] Public Passenger Vehicles Act 1981 shall be amended as follows.

(2)In section 5(3)(b) for the words "and Wales county councils and the Greater London Council" there shall be substituted the words " non-metropolitan county councils, in Wales county councils" .

(3)For section 31(4)(a) there shall be substituted—

“(a)in metropolitan counties, metropolitan county passenger transport authorities;”.

(4)In section 38(8), in the definition of " local authority " , after the words " county council" , there shall be inserted the words " or metropolitan district council" .

(5)In section 40(2)(c)(i), before the word "district" , there shall be inserted the word " non-metropolitan" .

(6)In section 47(7) in the definition of " local authority " , for the words " a county council or the Greater London Council" there shall be substituted the words " the council of a county, metropolitan district or London borough and the Common Council of the City of London" .

(7)In Schedule 1, in paragraph 2(2)(a). for the words " the Greater London Council or a county council" there shall be substituted the words " the council of a county, metropolitan district or London borough and the Common Council of the City of London" .

(8)In Schedule 4, in paragraphs 2(1)(b) and 4(b), before the word " district" there shall be inserted the word " non-metropolitan" .

The Road Traffic Regulation Act 1984

4(1)The [1984 c. 27.] Road Traffic Regulation Act 1984 shall be amended as follows.

(2)In section 1(2)(a). after the word "council" , there shall be inserted the words " or metropolitan district council" .

(3)In section 6—

(a)in subsection (2)—

(i)in paragraph (a), for the words " the Greater London Council" there shall be substituted the words " the local authority, that is to say, the London borough council or the Common Council of the City of London" ; and

(ii)in paragraph (b) for the word " Council" there shall be substituted the words " local authority" ; and

(b)for subsection (3)(a) there shall be substituted—

“(a)to the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area ;”.

(4)In section 9(5) for the words " the Greater London Council" there shall be substituted the words " a London borough council or the Common Council of the City of London" ; and for the words "the Council" in each place where they occur there shall be substituted the words " the council" .

(5)In section 10(5) for the words " the Greater London Council" there shall be substituted the words " a London borough council or the Common Council of the City of London" ; and for the words " that Council" there shall be substituted the words " that council" .

(6)In section 12—

(a)in subsection (1) for the words " the Greater London Council " and " that Council" there shall be substituted the words " the local authority " and " that authority" respectively ;

(b)in subsection (2) for the words "The Greater London Council" , " that Council" and " the Council" there shall be substituted the words " The local authority " , "that authority " and " the authority " respectively ;

(c)in subsection (3) for the words " the Council's" and " the Council" there shall be substituted the words " the local authority's " and " the authority " respectively ;

(d)in subsection (6) for the words " the Greater London Council" there shall be substituted the words " the local authority" ; and

(c)for subsection (10) there shall be substituted— " (10) In this section—

• “"the commissioner of police" , in relation to the metropolitan police district, means the commissioner of police of the metropolis and, in relation to the City of London, means the commissioner of police for the City of London ; and

• "local authority" means the council of a London borough or the Common Council of the City of London.”

(7)In section 15(4) for the words after " or " there shall be substituted the words " by a London borough council or the Common Council of the City of London

(8)In section 19(3)(a), after the word " county" , there shall be inserted the words " or metropolitan district" .

(9)In section 23(5)(a) for the words "or the Greater London Council" there shall be substituted the words " , metropolitan district or London borough or the Common Council of the City of London" .

(10)In section 26—

(a)in subsection (2)(a), after the word " county " , there shall be inserted the words " or metropolitan district" ;

(b)in subsection (4)(a), after the word "county" in the first place where it occurs there shall be inserted the words " or metropolitan district" , and for the words " or in the " there shall be substituted the words " , metropolitan district or" ; and

(c)in subsection (5)(a) for the words " as respects places in the county" there shall be substituted the words " or metropolitan district as respects places in the county or district" .

(11)In section 29(1), after the word "county" , there shall be inserted the words " or metropolitan district" .

(12)In section 30(6) for the words " The Greater London Council" there shall be substituted the words " The Secretary of State " , and the words "and the confirmation of such orders" and "and confirmed " shall be omitted.

(13)In section 31(2) for the words after "confirmation" there shall be substituted the words " by the Secretary of State" .

(14)In section 36(3), before the word " district" , there shall be inserted the word " non-metropolitan" .

(15)In section 37(1), after the word "county" , there shall be inserted the words " or metropolitan district" .

(16)In section 39—

(a)in subsection (3), after the words " district council" , there shall be inserted the words " , other than a metropolitan district council," ;

(b)in subsection (4)—

(i)after " 32 " there shall be inserted " or 35" ;

(ii)before the word " district" in the second place where it occurs there shall be inserted the word " non-metropolitan" ; and

(iii)the words " or Wales " shall be omitted ; and

(c)in subsection (6), after the words " district council" in the first place where they occur, there shall be inserted the words " , other than a metropolitan district council," .

(17)In section 43—

(a)in subsection (1) for the words " the Council" , in both places where they occur, there shall be substituted the words " the local authority" ;

(b)in subsection (6) for the words " the Council" there shall be substituted the words " a local authority " , and the words " comprised within the area of a particular local authority " in paragraph (a) and the words after paragraph (c) shall be omitted;

(c)in subsection (13) for the words "the Council'' there shall be substituted the words " the local authority" ;

(d)in subsection (14) the definitions of " the Common Council " and " the Council" shall be omitted, and for the definition of " local authority " there shall be substituted—

• “" local authority" means the council of a London borough or the Common Council of the City of London ;”; and

(e)in subsection (15) for the words " the Council" there shall be substituted the words " a local authority" , and after the word " designated " there shall be inserted the words " by the local authority" .

(18)In section 44—

(a)in subsection (1) for paragraph (a) there shall be substituted—

“(a)in English counties, by the county council or metropolitan district council, and in Welsh counties, by the county council; and”;

(b)in subsection (3) for paragraph (b) there shall be substituted—

“(b)may in relation to non-metropolitan counties in England and counties in Wales provide for certain functions of local authorities under the London provisions in respect of areas designated as controlled areas to be conferred on district councils or on both county councils and district councils, and may in consequence of any such distribution of functions make such incidental and supplementary provision as appears to Her Majesty to be necessary or expedient;”.

(19)In section 45—

(a)in subsection (1) for the words from the beginning to " area " in the second place where it occurs there shall be substituted the words " Subject to Parts I to III of Schedule 9 to this Act and, in the case of a highway outside Greater London for which they are not the highway authority, to obtaining the consent of the highway authority, the local authority may by order designate parking places on highways in their area" ; and

(b)in subsection (7)(a), after the word " county " , there shall be inserted the words " , metropolitan district" .

(20)In section 51(2) for the words " the Greater London Council ** there shall be substituted the words " the council of a London borough or of the Common Council of the City of London

(21)In section 53(7), after the word " county " in the first place where it occurs, there shall be inserted the words " or metropolitan district

(22)In section 55(4)(c) for the words " any county council, to the Greater London Council" there shall be substituted the words " the council of any county, metropolitan district or London borough or to the Common Council of the City of London" .

(23)In section 58(1), in the second column of the Table, after the words " county council" , there shall be inserted the words " or metropolitan district council" .

(24)In section 59—

(a)in subsection (1), after the word " county " in the first place where it occurs there shall be inserted the words " or metropolitan district" , and after the words "county council " there shall be inserted the words " or metropolitan district council" .

(b)in subsection (2)—

(i)in paragraph (a), after the words " the county council" in the first place where they occur, there shall be inserted the words " or metropolitan district council" , and for the words " the county council" in the second place where they occur there shall be substituted the words " that council" ;

(ii)in paragraph (b) for the words "send a copy of that application " there shall be substituted the words " in the case of an application to a county council, send a copy of it" ; and

(iii)before the words " the county council" in the third place where they occur there shall be inserted the words " , in that case," ;

(c)in subsection (4), after the words " county council" in both places where they occur, there shall be inserted the words " or metropolitan district council" ;

(d)in subsection (5), after the words " county council" , there shall be inserted the words " or metropolitan district council" ;

(e)in subsection (6), after the words " county council" in each place where they occur, there shall be inserted the words " or metropolitan district council" ; and

(f)in subsection (7), after the words " county council" , there shall be inserted the words " or metropolitan district council" .

(25)In section 61(1) for the words " a county council or the Greater London Council " there shall be substituted the words " the council of a county, metropolitan district or London borough or the Common Council of the City of London" .

(26)In section 73—

(a)for subsection (1) there shall be substituted—

“(1)In connection with any order under section 6 or 9 of this Act made or proposed by them, the council of a London borough and the Common Council of the City of London may, as respects any road in their area which is not a trunk road affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to the council.”; and

(b)in subsection (2) for the words from " Greater London " to "Council" there shall be substituted the words " their area which is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of the council of a London borough and of the Common Council of the City of London" .

(27)In section 74(1) for the words "Greater London" there shall be substituted the words " their area " , and the words "the Greater London Council or " and " , as the case may be," shall be omitted.

(28)In section 78(2), after the word "county" in the first place where it occurs, there shall be inserted the words " or metropolitan district" .

(29)In section 91—

(a)in paragraph (a) for the words " the Greater London Council" there shall be substituted the words " the council of the London borough or the Common Council of the City of London" ; and

(b)in paragraph (b), after the word "county" , there shall be inserted the words " or metropolitan district " .

(30)For section 94 there shall be substituted—

“94Bollards and other obstructions in Greater London.

(1)Where an order under section 6 or 9 of this Act is made or proposed to be made by the Secretary of State, he may, to such extent as he considers necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in Greater London which is not a trunk road—

(a)to place on the carriageway such bollards or other obstructions as the Secretary of State may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and tight those obstructions; or

(b)to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.

(2)Where an order under section 6 or 9 of this Act is made or proposed to be made by the council of a London borough, they may, to such extent as they consider necessary in connection with the order, authorise or require any person who is responsible for the maintenance of any road in their area which is not a trunk road and for which they are not the highway authority—

(a)to place on the carriageway such bollards or other obstructions as they may consider appropriate for preventing the passage of vehicles, or vehicles of any class, at any point at which their passage (whether in any direction or in one direction only) is prohibited by any such order, and to maintain and light those obstructions; or

(b)to remove any obstruction placed by that person in pursuance of an authorisation or a requirement under this subsection.

(3)Subsections (2) and (3) of section 92 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) or (2) above, as if for any reference in them to subsection (1) of that section there were substituted a reference to subsection (1) or (2) above.

(4)To such extent as the Secretary of State or, as the case may be, the council of a London borough may consider necessary in connection with an order under section 6 or 9 of this Act, whether made or proposed to be made by the Secretary of State or that council—

(a)the Secretary of State may do with respect to any trunk road anything which he might under subsection (1)(a) above require to be done with respect to any other road ; and

(b)the council of the London borough may do with respect to any road in their area which is not a trunk road and for which they are the highway authority anything which they might under subsection (2)(a) above require to be done with respect to a road for which they are not the highway authority.

(5)If a person fails to comply with a requirement to carry out any work under subsection (1) or (2), above, the Secretary of State or, as the case may be, the council of the London borough may carry out the work, and the expenses incurred by the Secretary of State or that council in doing so shall be recoverable summarily as a civil debt from that person.

(6)Section 79 of this Act shall apply in relation to any such obstruction as is mentioned in subsection (1) or (2) above as it applies in relation to traffic signs; and the power of the Secretary of State under that section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred by the council of a London borough by virtue of subsection (4) above.

(7)In this section references to the council of a London borough include references to the Common Council of the City of London.”.

(31)In section 100—

(a)in subsection (2), before the word "district" in the first place where it occurs, there shall be inserted the word " non-metropolitan" ; and

(b)in subsection (5X«) for the words "the Greater London Council or the council of a county " there shall be substituted the words " the council of a county, metropolitan district or London borough or the Common Council of the City of London" .

(32)In section 102(6) for the words from " by " in the first place where it occurs to " district" in the first place where it occurs there shall be substituted the words " by the council of a non-metropolitan district" .

(33)In section 106(8)—

(a)in paragraph (a) for the words " the Greater London Council " there shall be substituted the words " the council of the London borough or the Common Council of the City of London" ; and

(b)in paragraph (b), after the word " county " , there shall be inserted the words " or metropolitan district" .

(34)In section 122(1) for the words " the Greater London Council and of every other " there shall be substituted the word " every" .

(35)In section 125(4), after the word "county," there shall be inserted the words " metropolitan district," .

(36)In section 129(4) for the words " the Greater London Council or any other " there shall be substituted the word " a " ; and the words " council or " shall be omitted.

(37)In section 142(1), in paragraph (a) of the definition of " highway authority " , the words " (subject to section 73(4) of this Act) " shall be omitted, and for the words from " the Common Council "to " the Greater London Council" there shall be substituted the words " metropolitan district or London borough or the Common Council of the City of London" .

(38)In Schedule 4—

(a)in paragraph 1—

(i)for the words " the Council" in each place where they occur there shall be substituted the words " the local authority" ; and

(ii)the words from " and to each "to " controlled area " shall be omitted;

(b)in paragraphs 2 to 6 for the words " the Council" in each place where they occur there shall be substituted the words " the local authority" ;

(c)in paragraph 8 for the words " Greater London " there shall be substituted the words " their area" ;

(d)in paragraphs 15, 19 and 20(a) for the words " the Council" there shall be substituted the words " the local authority" .

(39)In Schedule 9—

(a)for paragraph 1 there shall be substituted—

“1Subject to paragraphs 8 and 26 of this Schedule, the Secretary of State, after consultation with a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an " authorised authority ") may give to that authority a direction under paragraph 2 below with respect to any of those provisions.”;

(b)in paragraph 4, for the words " the Greater London Council" in sub-paragraph (a) mere shall be substituted the words " the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act " , and the words " the Council or, as the case may be," in that sub-paragraph and the words " Council or " in sub-paragraph (b) shall be omitted;

(c)in paragraph 5(1) for the words " the Greater London Council " there shall be substituted the words " the council of a London borough or the Common Council of the City of London" , and for the words " Greater London" in both places where they occur there shall be substituted the words " their area" ;

(d)in paragraph 6(1)(c) for the number " 50 " in the first place where it occurs there shall be substituted the number " 49 " , and the words " , or on the application of," and the words after " authority " shall be omitted.

(e)in paragraph 12(a), after the words " county council" , there shall be inserted the words " or metropolitan district council" ;

(f)in paragraph 13(1) for the words " the Greater London Council " there shall be substituted the words " the council of a London borough and the Common Council of the City of London" ;

(g)in paragraph 14 for the words " the Greater London Council " there shall be substituted the words " the council of a London borough or the Common Council of the City of London " , and the number " 50." shall be omitted ;

(h)in paragraph 20(1) for the words "the Greater London Council or any other " there shall be substituted the word " a " , and the number " 50," shall be omitted ;

(i)in paragraph 21 for the words " the Greater London Council" there shall be substituted the words " the council of a London borough and the Common Council of the City of London" ; and

(j)in paragraph 23(1) for the words " the Greater London Council" there shall be substituted the words " the council of a London borough or the Common Council of the City of London" , and for the words "that Council" in both places where they occur there shall be substituted the words " that council" .

PART IISupplementary Provisions Relating To Road Traffic

Designation of roads in Greater London

5(1)For the purpose of facilitating the movement of traffic in Greater London the Secretary of State may by order designate a road in that area under this paragraph; but before doing so he shall consult—

(a)the council of the London borough in which the road is;

(b)the council of any other London borough or of any county where there is a road which the Secretary of State considers likely to be affected by the designation ; and

(c)any other body which the Secretary of State thinks it expedient to consult.

(2)Where the council of a London borough proposes to exercise a power to which this paragraph applies, it shall give notice of its proposal to the Secretary of State in such manner as he may require; and the council shall not exercise that power unless—

(a)it has given such notice; and

(b)either—

(i)the Secretary of State has approved the proposal; or

(ii)one month from the date of his receipt of the notice has expired without his having objected to the proposal.

(3)Subject to sub-paragraphs (4) and (5) below, this paragraph applies to any power to prohibit, restrict or otherwise regulate traffic or any class of traffic or the use of any parking place or class of parking place—

(a)on a designated road ; or

(b)on any other road if its use directly affects—

(i)traffic or any class of traffic using a designated road ; or

(ii)the use of any parking place or class of parking place on a designated road.

(4)The Secretary of State may by an instrument in writing exclude any power from the application of this paragraph to the extent specified in the instrument, and any such instrument may in particular exclude a power—

(a)as respects one or more than one London borough ;

(b)as respects all traffic or parking places or any class of traffic or parking place;

(c)as respects all designated roads or one or more of them.

(5)In relation to a road falling within sub-paragraph (3)(b) above, this paragraph does not apply to a power under section 14 or sections 32 to 38 of the 1984 Act.

(6)If, contrary to the provisions of sub-paragraph (2) above, the council of a London borough places a traffic sign or carries out other works on or near a road, the Secretary of State may take such steps as he considers appropriate to remove the sign or reverse or modify the effect of the works; and any expenses reasonably incurred by him in doing so shall be recoverable by him from the council summarily as a civil debt.

(7)In this paragraph references to a designated road are to a road designated under this paragraph.

Guidance as to exercise of traffic powers in Greater London and metropolitan counties

6(1)For the purpose of ensuring that the exercise by a council in Greater London or a metropolitan county of the traffic powers specified below in relation to councils of its class does not have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of Greater London or, as the case may be, that county, other than the area of that council, the Secretary of State may issue guidance as to the manner in which, in relation to roads other than trunk roads—

(a)the councils of London boroughs should exercise their powers to make, vary or revoke orders under or by virtue of sections 6, 9. 45, 46, 49(2) and (4). 83(2) and 84 of the 1984 Act; and

(b)the councils of metropolitan districts should exercise their powers to make, vary or revoke orders under or by virtue of sections 1, 9, 19, 32, 35, 37. 38, 45, 46. 49(2) and (4). 53, 83(2) and 84 of that Act.

(2)Before issuing any such guidance the Secretary of State shall consult—

(a)the chief officers of police for the areas to which the guidance relates; and

(b)any association of London borough councils or district councils which the Secretary of State considers appropriate.

(3)The council of a London borough shall, before exercising any power specified in sub-paragraph (1)(a) above, and the council of a metropolitan district shall, before exercising any power specified in sub-paragraph (1)(b) above—

(a)have regard to any guidance issued to it under this paragraph ;

(b)have regard to any direct effect which the proposed exercise would have on traffic or any class of traffic—

(i)on a trunk road ; or

(ii)on any other road in the area of another local authority;

(c)if the proposed exercise would have such an effect, consult the Secretary of State in the case of a trunk road, or the other local authority in the case of any other road; and

(d)comply with procedures prescribed by regulations made by the Secretary of State.

(4)Where the council of a London borough or metropolitan district takes any action which, in the opinion of the Secretary of State-

(a)is contrary to any guidance issued to the council under this paragraph ; and

(b)has or is likely to have an adverse effect on traffic or any class of traffic or parking places or any class of parking place in any part of Greater London or, as the case may be, that county, other than the area of that council,

the Secretary of State may, after consulting the council, direct it to take such steps within a period specified by him as may be necessary to conform with that guidance.

(5)If, in the opinion of the Secretary of State, a council fails to comply with a direction under sub-paragraph (4) above, he may exercise any of its powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from the council summarily as a civil debt.

(6)Where, in the opinion of the Secretary of State—

(a)the council of a London borough or metropolitan district fails to act in accordance with any guidance issued to it under this paragraph ; and

(b)that failure has or is likely to have such an adverse effect as is mentioned in sub-paragraph (4)(b) above,

the Secretary of State, after consulting the council, may exercise any of its powers for the purpose of conforming with that guidance; and any expenses reasonably incurred by him in doing so (including any expenses reasonably incurred in maintaining any traffic signs placed, or in continuing or maintaining any works commenced, by virtue of this sub-paragraph) shall be recoverable by him from the council summarily as a civil debt.

Procedures and objections

7(1)The power of the Secretary of State to make regulations under paragraph 21 or 23 of Schedule 9 to the 1984 Act (procedure as to certain orders) shall include power to make regulations for the purpose of sub-paragraph (3) of paragraph 6 above; and any such regulations for that purpose shall include provision by which a local authority required to be consulted under that sub-paragraph in connection with a proposed exercise of power may object to that exercise.

(2)Where such a local authority objects in accordance with regulations under the said paragraph 21 or 23 to a proposed exercise of power by the council of a London borough or metropolitan district, that council shall notify the Secretary of State of its proposal and of the objection, unless either of them is withdrawn, and shall give him such particulars of them as he may require.

(3)Upon receipt of a notification under sub-paragraph. (2) above, the Secretary of State shall determine whether the proposal in question should be abandoned or implemented, with or without modifications; and the council making the proposal shall comply with any such determination.

(4)To assist him in making a determination the Secretary of State may consult such persons or bodies as he thinks fit and may hold an inquiry; and the provisions of section 129(1) to (3) of the 1984 Act shall apply in relation to an inquiry held under this paragraph as they apply to an inquiry held under that Act.

Application of Part VI of Schedule 9 to the 1984 Act

8Part VI of Schedule 9 to the 1984 Act (validity of certain orders) shall apply to an order made by the Secretary of State by virtue of paragraph 6(5) or (6) above and falling within paragraph 34(1) of that Part as it applies to an order made by him by virtue of paragraph 3 of Part I of that Schedule.

Supplementary

9In exercising any power under or by virtue of paragraph 6 or 7 above in relation to a council the Secretary of State shall have regard to the duty of that council under section 122 of the 1984 Act; and in the event of any conflict between that duty and any provision of those paragraphs, that provision shall prevail.

Reserve powers of the Secretary of State as to traffic control systems in Greater London and metropolitan counties

10(1)Where the Secretary of State is not satisfied in the case of Greater London or a metropolitan county that all the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of any system of traffic control which relates to two or more of those authorities, he may make an order under this paragraph.

(2)An order under this paragraph may transfer to the Secretary of State such functions of the local authorities in question under that Part of that Act as he considers necessary to enable him to secure the control, management, development and extension of that system.

(3)The Secretary of State may delegate, with or without restrictions, the exercise of any function transferred to him under this paragraph to the local authority from which it was transferred.

(4)Before exercising any function transferred to him under this paragraph, the Secretary of State shall consult any local authority appearing to him to be likely to be affected unless it appears to him that the exercise of the function will only have a temporary effect on the system of traffic control in question; and any local authority from which a function has been so transferred shall consult the Secretary of State before exercising any function under the 1984 Act in any manner which may affect the exercise by the Secretary of State of any function so transferred.

(5)Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this paragraph may be recovered by him from the local authorities from which the functions were transferred in such proportions as may be agreed between the local authorities or, in default of agreement, as may be determined by him.

(6)A sum recoverable by the Secretary of State under sub-paragraph (5) above may be recovered by him summarily as a civil debt.

(7)The Secretary of State shall revoke an order made under this paragraph in relation to a system of traffic control in operation in Greater London or a metropolitan county if at any time he is satisfied that ah the local authorities in that area have made joint arrangements for the exercise of such of their functions under Part V of the 1984 Act as are necessary to secure the control, management, development and extension of the system.

(8)An order under this paragraph may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provision amending any enactment or any instrument made under any enactment.

Information

11The council of a London borough or metropolitan district shall furnish the Secretary of State with such information as he may request for the purpose of exercising his powers under paragraphs 6(4), (5) and (6) and 10 above ; and if any such information is not furnished by the council within a time specified by the Secretary of State, he may take such steps as he considers necessary or expedient to obtain the information himself and may recover from the council summarily as a civil debt any expenses reasonably incurred by him in doing so.

Transitional provisions concerning certain orders under the 1984 Act

12(1)After the passing of this Act a metropolitan county council or the Greater London Council shall obtain the consent of the Secretary of State before making any order to which this paragraph applies if an objection to the council's proposal to make the order has been duly made by a successor authority (whether before or after the passing of this Act) and has not been withdrawn; and for the purposes of this provision an objection is not duly made unless it is made in accordance with regulations made or having effect as if made under paragraph 21 or, as the case may be, 23 of Schedule 9 to the 1984 Act.

(2)The orders to which this paragraph applies are—

(a)in the case of a metropolitan county council those made under or by virtue of section 1, 9, 19, 32, 35, 37, 38, 45, 46, 49(2) or (4), 53, 83(2) or 84 of the 1984 Act; and

(b)in the case of the Greater London Council, those made under or by virtue of section 6, 9, 35, 38, 46, 49(2) or (4), 50, 83(2) or 84 of that Act.

(3)In this paragraph " successor authority " means—

(a)in relation to the Greater London Council, the council of a London borough to which the order in question relates ; and

(b)in relation to a metropolitan county council, the council of a metropolitan district to which the order relates.

(4)In relation to any order to which Part VI of Schedule 9 to the 1984 Act (validity of orders) applies the requirements of this paragraph shall be included amongst the requirements which are the relevant requirements for the purposes of that Part.

Interpretation

13In this Part of this Schedule—

(a)"the 1984 Act" means the [1984 c. 27.] Road Traffic Regulation Act 1984 ;

(b)" parking place " , " traffic sign " and " road " have the meanings assigned to them respectively by sections 32(4)(b), 64(1) and 142(1) of the 1984 Act;

(c)" local authority " means the council of a metropolitan district or London borough ; and

(d)references to a London borough include references to the City and references to the council of a London borough include references to the Common Council.

Commencement

14Any power conferred on the Secretary of State by this Schedule may be exercised at any time after the passing of this Act so as to take effect on or after the abolition date.

Section 9.

SCHEDULE 6Waste Regulation and Disposal

The London Government Act 1963

1For paragraph 4 of Part II of Schedule 11 to the [1963 c. 33.] London Government Act 1963 there shall be substituted—

“4Byelaws with respect to the construction and use of incinerators for the disposal of refuse in inner London boroughs and the City (being incinerators which are, or are in the nature of, buildings or structures or which form part of a building or structure) shall be made by the councils of those boroughs or the Common Council, as the case may be”.

The Local Government Act 1972

2In Schedule 14 to the [1972 c. 70.] Local Government Act 1972—

(a)in paragraph 5, in sub-paragraph (1) for the words "in a county" there shall be substituted the words " in a non-metropolitan county " and in sub-paragraph (2) for the words " a county council" there shall be substituted the words " the council of a non-metropolitan county" ;

(b)in paragraph 6(1) after the words " a local authority " there shall be inserted the words " in a non-metropolitan county " .

The Control of Pollution Act 1974

3(1)The [1974 c. 40.] Control of Pollution Act 1974 shall be amended as follows.

(2)In sections 2(3)(a)(ii) and (4), 12(2), (6) and (8) and 13(4) for the words "English disposal authority" there shall be substituted the words " English county disposal authority" .

(3)In section 5(4)(a) for the words " and any collection authority " there shall be substituted the words " , and in the case of an English county disposal authority any collection authority," .

(4)In section 1 1(3)(c) for the words " and collection authority" there shall be substituted the words " , and in the case of an English county disposal authority each collection authority," .

(5)In section 30(1) in the definition of " English collection authority " for the words " of which the area is in England " there shall be substituted the words " of which the area is in the area of an English county disposal authority " and for the definitions of " disposal authority" , "English disposal authority" and "relevant disposal authority " there shall be substituted—

• “' disposal authority' means the council of a county or metropolitan district in England, the council of a district in Wales, the council of a London borough and the Common Council of the City of London, 'English county disposal authority' means the council of a county in England and ' relevant disposal authority', in relation to an English collection authority, means the English county disposal authority whose area includes that of the collection authority ;”.

The Refuse Disposal (Amenity) Act 1978

4(1)The [1978 c. 3.] Refuse Disposal (Amenity) Act 1978 shall be amended as follows.

(2)In section 1(7) for the definition of "local authority" there shall be substituted—

• “' local authority' means, in relation to England, the council of a county, metropolitan district or London borough and the Common Council, and”.

(3)In section 3(7) for the words " a district in England " there shall be substituted the words " a non-metropolitan district in England" .

(4)For section 4(8) there shall be substituted—

“(8)In this section ' local authority' means, in relation to England, the council of a county, metropolitan district or London borough or the Common Council.”

(5)In section 5(4) for the definition of ' the appropriate authority' there shall be substituted—

• “' the appropriate authority' means—

  (a)

  in the case of a vehicle removed in pursuance of section 3(1) above by a local authority in England other than the council of a non-metropolitan district, or by a local authority in Wales, the local authority ; and

  (b)

  in the case of a vehicle so removed by the council of a non-metropolitan district in England, the county council; and”.

(6)In section 5(5)(b) for the words " a district in England " there shall be substituted the words " a non-metropolitan district in England" .

The Litter Act 1983

5(1)In subsection (1)(a) of section 4 of the [1983 c. 35.] Litter Act 1983 for the words " the council of each county " there shall be substituted the words " the council of each non-metropolitan county " and for subsection (2) of that section there shall be substituted—

“(2)Subsection (1) above shall apply to a metropolitan county with the omission, as respects consultation, of references to the council of the county and as if the duty with respect to the statement mentioned in that subsection were a duty imposed jointly on the councils of the metropolitan districts comprised in the county ; and that subsection shall apply to Greater London as if it were a county with the like omissions and as if that duty were imposed jointly on the councils of the London boroughs and the Common Council of the City of London.”

(2)In section 6(1) of that Act after the words " A county council" there shall be inserted the words " and a metropolitan district council" .

Section 11.

SCHEDULE 7Land Drainage

1The [1976 c. 70.] Land Drainage Act 1976 shall be amended as follows.

2In sections 2(6), 5(8) and 16(5) after the words " the council of any county" there shall be inserted the words " , metropolitan district" .

3In section 24(4) for the words from the beginning to " Common Council); " there shall be substituted " In relation to a watercourse which is not part of a main river, the reference in subsection (2) above to the drainage authority in whose area the watercourse, bridge or drainage work is situated shall be construed—

“(a)in relation to a watercourse situated in a London borough as a reference to the council of that borough;

(b)in relation to a watercourse situated in the City or in the Inner Temple or in the Middle Temple, as a reference to the Common Council;”.

4In section 28(12) for paragraphs (a) and (b) there shall be substituted—

(a)in relation to a watercourse situated in a London borough, as a reference to the council of that borough;

(b)in relation to a watercourse situated in the City or in the Inner Temple or the Middle Temple, as a reference to the Common Council." .

5In section 45(3), in the definition of " relevant local authorities " , after the word " county" , there shall be inserted the words " , metropolitan district" .

6In section 98—

(a)in subsection (5), before the word " district" in the first place where it occurs, there shall be inserted the word " non-metropolitan" ;

(b)after that subsection there shall be inserted—

“(5A)Where the powers under section 17(1) above conferred by this section on a metropolitan district council or London borough council or the Common Council are not exercised by that council they may be exercised by the water authority for the area concerned—

(a)at the request of the council; or

(b)after not less than 6 weeks' notice given in writing by the water authority to the council;

but where the council, before the expiry of a notice given under paragraph (b) of this subsection, appeal against the notice to the Secretary of State and inform the water authority of the appeal, the powers shall not be exercised by the water authority in pursuance of the notice unless it is confirmed by the Secretary of State.”; and

(c)at the end of subsection (6) there shall be inserted the words " ; and any expenses incurred by a water authority under subsection (5A) above shall be recoverable from the council concerned by the water authority summarily as a civil debt. "

7In section 99 for the words from " county" to " London Council," there shall be substituted the words " county, metropolitan district or London borough and the Common Council" .

8In section 110—

(a)in subsection (2), before the word "London" , there shall be inserted the words " metropolitan district or " and, before the word "borough" in the second place where it occurs, there shall be inserted the words " district or" ; and

(b)in subsection (3), after the word "county" in both places where it occurs, there shall be inserted the words " , metropolitan district" .

9In section 116(1), in the definition of "local authority" , for the words " , the Common Council of the City of London, and the Greater London Council" there shall be substituted the words " and the Common Council of the City of London" .

Section 16.

SCHEDULE 8Miscellaneous Functions

Public entertainments

1(1)In Schedule 12 to the [1963 c. 33.] London Government Act 1963—

(a)in paragraph 1(1) for the words "premises in Greater London” there shall be substituted the words " premises in a London borough or the City of London " and for the words from " the Greater London Council ' onwards there shall be substituted the words " the council of that borough or the Common Council, as the case may be, and that council or the Common Council is in this Schedule referred to as ' the Council " ;

(b)in paragraph 2(1) the word "and" , where it first occurs, shall be omitted and after the words " in whose district the premises are situated " there shall be inserted the words " and to the London Fire and Civil Defence Authority (in this Schedule referred to as ' the fire authority')" ;

(c)in paragraph 2(2) after the words " the Council" there shall be inserted the words " and the fire authority" ;

(d)in paragraph 5(1) the word "and" shall be omitted and after the words " are situated " there shall be inserted the words " and to the fire authority" ;

(e)in paragraph 5(2) after the words " the Council" there shall be inserted the words " and the fire authority" ;

(f)in paragraph 12(1) after the words " the Council" there shall be inserted the words " or the fire authority" .

(2)In section 52(5) of the [1963 c. 41.] Offices, Shops and Railway Premises Act 1963 for the words " the Greater London Council" and " within Greater London" there shall be substituted respectively the words " each London borough council and the Common Council of the City of London " and " within the borough or the City, as the case may be," .

(3)In section 21 of the [1966 c. xxviii.] Greater London Council (General Powers) Act 1966—

(a)in subsection (1) for the words " the Council" there shall be substituted the words " the borough council in whose borough the premises are situate" ;

(b)in subsection (3)(a) the words "the Council" shall be omitted;

(c)for subsection (3)(b) there shall be substituted—

“(4)In this section "borough council" includes the Common Council and " borough" shall be construed accordingly.”,

and in section 22(1) and (2) of that Act for the words " the Council " there shall be substituted the words " a borough council or the Common Council," .

(4)In section 5 of the [1978 c. xiii.] Greater London Council (General Powers) Act 1978—

(a)in subsection (1) for the words " Greater London" and " the Council" there shall be substituted respectively the words " a borough " and " the borough council" ;

(b)in subsection (4)(b) and (c) for the words "the Council" , wherever they occur, there shall be substituted the words " the borough council" ;

(c)after subsection (4) there shall be inserted—

“(5)In this section " borough" includes the City of London and "borough council" includes the Common Council.”

Private places of entertainment

2(1)For the entries relating to a London borough and the City of London in Part I of the Schedule to the [1967 c. 19.] Private Places of Entertainment (Licensing) Act 1967 there shall be substituted—

(2)Sub-paragraph (1) above is without prejudice to the continued application of the said Act of 1967 in any London borough or in the City of London by virtue of its adoption before the abolition date in accordance with the Schedule to that Act as then in force.

Theatres

3(1)In section 18(1) of the [1968 c. 54.] Theatres Act 1968, for paragraph (a) of the definition of "licensing authority" there shall be substituted—

“(a)as respects premises in a London borough or the City of London, the council of that borough or the Common Council, as the case may be;”.

(2)Where an application for the renewal of a licence under Schedule 1 to the said Act of 1968 is made to the Greater London Council before that licence expires but has not been determined by that Council before the abolition date, the licence shall continue in force until the determination' or withdrawal of the application.

Cinemas

4(1)In sections 17 and 18 of the [1985 c. 13.] Cinemas Act 1985 for the words " the Greater London Council " and " the Council " , wherever they occur, there shall be substituted respectively the words " a local authority in Greater London " and " the authority " .

(2)In section 21(1) of that Act, in the definition of " local authority " , for the words " the Greater London Council" there shall be substituted the words " a London borough council, the Common Council of the City of London" .

Children's entertainments

5In section 12(5)(a) of the [1933 c. 12.] Children and Young Persons Act 1933 for the words from "licensed by" where they first occur to " the Greater London Council" there shall be substituted the words " licensed by a local authority " and for the words " the council of the county or county borough in which the building is situated" there shall be substituted the words " that local authority" .

Tracks for betting

6(1)For the purposes of Schedule 3 to the [1963 c. 2.] Betting, Gaming and Lotteries Act 1963 the licensing authorities in Greater London shall be the London borough councils and the Common Council instead of the Greater London Council and accordingly in that Schedule—

(a)in paragraph 1 the words "elsewhere than in Greater London " shall be omitted ;

(b)in paragraphs 5(2)(a)(i) and 6(2)(b) the words "or London borough " shall be omitted ;

(c)in paragraphs 5(2)(a)(ii) and 6(2)(a) after " 1962 " there shall be inserted the words " (not being the licensing authority)" ; and

(d)in paragraph 6(2)(c) for the words " any district or London borough in which the track or any part thereof is situated " there shall be substituted the words " the area of the licensing authority" .

(2)In this paragraph the reference to the Greater London Council includes a reference to any committee to which the Council have delegated their functions in pursuance of section 53(1) of the [1963 c. 33.] London Government Act 1963.

Sports grounds

7(1)In the [1975 c. 52.] Safety of Sports Grounds Act 1975 the words " where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case," shall be inserted in sections 3(3) and 4(7) and (8) after the words " police and" , and those words shall also be inserted in sections 5(5), 10(4) and 11 before the words " the building authority" .

(2)In subsection (1) of section 17 of that Act for the definition of " building authority " there shall be substituted—

• “' building authority' means—

  (a)

  in England outside Greater London and the metropolitan counties, or in Wales, the district council;

  (b)

  in Scotland, the local authority within the meaning of the [1959 c. 24.] Building (Scotland) Act 1959”.

(3)In that subsection for the definition of " local authority " there shall be substituted—

• “' local authority' means—

  (a)

  in Greater London, the London borough council or the Common Council of the City of London ;

  (b)

  in England, in the metropolitan counties, the district council;

  (c)

  in England outside Greater London and the metropolitan counties, or in Wales, the county council;

  (d)

  in Scotland, the regional or islands council;”.

Town development and new towns

8(1)In sections 4(1) and 10(3) of the [1952 c. 54.] Town Development Act 1952, for the words " the Greater London Council" there shall be substituted the words " London borough" .

(2)In section 7(b) of that Act for the words " Greater London Council " there shall be substituted the words " council of a London borough" .

9(1)In section 7(3) of the [1981 c. 64.] New Towns Act 1981—

(a)after the words " district planning authority shall" there shall be inserted the words " , in relation to proposals for development of land in a metropolitan county, be construed as references to the local planning authority ; and" ;

(b)after " 1972 " there shall be inserted the words " and which is of land in a non-metropolitan county" .

(2)In section 45(a) of that Act, before the word " county " there shall be inserted the word " non-metropolitan" .

Commons

10(1)In the first Schedule to the [1866 c. 122.] Metropolitan Commons Act 1866 for the first entry in the second column there shall be substituted " The council of the London borough within which the whole or part is situate or, where there are two or more boroughs within which parts are situate and the councils of those boroughs agree that one of them shall be the local authority in relation to the whole, that council." .

(2)In section 2 of the [1878 c. 71.] Metropolitan Commons Act 1878 for the words from the beginning to " 1855 " there shall be substituted the words " A London borough shall, in respect of any common the whole or part of which is situate within the borough," .

(3)In the Schedule to the [1822 c. 15.] Commonable Rights Compensation Act 1882 for the first entry in the second column there shall be substituted " The council of the London borough within which the land is situate" .

(4)In section 1(3) of the [1908 c. 44.] Commons Act 1908, after the word "comity " , there shall be inserted the words " or metropolitan district" .

(5)In sections 193(1)(d)(ii) and 194(3)(b) of the [1925 c. 20.] Law of Property Act 1925, after the word " county " , there shall be inserted the words " or metropolitan district" .

(6)In section 2(1) of the [1965 c. 64.] Commons Registration Act 1965—

(a)in paragraph (a), after the words " that county " , there shall be inserted the words " or, if the county is a metropolitan county, the council of the metropolitan district in which the land is situated" ; and

(b)in paragraph (b) for the words " Greater London Council" there shall be substituted the words " council of the London borough in which the land is situated" .

Gipsy encampments

11(1)In section 6 of the [1968 c. 52.] Caravan Sites Act 1968—

(a)in subsection (1) for the words " the council of a county or London borough" there shall be substituted the words " the council of a county, metropolitan district or London borough" ;

(b)in subsection (2) for the words " metropolitan county " and " in each district in the county " there shall be substituted respectively the words " metropolitan district " and " the district" .

(2)In section 12 of that Act—

(a)in subsection (1) for the words " a county council or London borough council" there shall be substituted the words " the council of a county, metropolitan district or London borough" ;

(b)after subsection (2) mere shall be inserted—

“(2A)Subject to subsection (3) below, the Minister may by order made on the joint application of two or more metropolitan district councils designate the area of those councils as an area to which section 10 of this Act applies.”;

(c)in subsection (3) for the words " subsection (1) or (2) " there shall be substituted the words " subsection (1), (2) or (2A)" ; and

(d)in subsection (6) for the words " the London borough council" there shall be substituted the words " the metropolitan district council or councils or the London borough council" .

(3)In relation to an order made under the said section 12 before the abolition date on the application of a metropolitan county council the references in subsections (4) and (6) of that section to the authority or authorities which made the original application and the council for the area in respect of which an order is made shall be construed as references to the metropolitan district council or councils whose area or areas constitute or include the area designated by the order.

(4)Where by virtue of the [1972 c. 70.] Local Government Act 1972 a designation order made before 1st April 1974 under the said section 12 (and not revoked) relates to part only of the area of a metropolitan district, any order which is made on the application of the council of that district under subsection (1) or (2A) of that section shall be made to extend only to an area which does not include the area designated before that date.

Housing

12(1)In section 189(2) of the [1957 c. 56.] Housing Act 1957 for the words after " City of London " there shall be substituted the words " and the council of a district or London borough." .

(2)For section 23(4) of the [1963 c. 33.] London Government Act 1963 there shall be substituted—

“(4)The Minister may at any time after 1st April 1965 require any London borough to submit to him a programme for any transfers of housing accommodation vested in that borough such as are mentioned in subsection (3)(b) of this section which they propose to make and have not yet made.”

(3)In section 84 of the [1974 c. 44.] Housing Act 1974 for the definition of " local authority " there shall be substituted—

• “" local authority " means the council of a district or London borough or the Common Council of the City of London;”.

(4)For section 118 of the [1977 c. 42.] Rent Act 1977 there shall be substituted—

“118In this Part of this Act, except where the context otherwise requires, " local authority " means—

(a)the council of a district or of a London borough ;

(b)the Common Council of the City of London ; or

(c)the Council of the Isles of Stilly.”.

(5)For section 1(8)(a) of the [1978 c. 48.] Homes Insulation Act 1978 there shall be substituted—

“(a)in Greater London, London borough councils and the Common Council of the City of London ;”.

Rent officers

13(1)In subsection (1) of section 62 of the [1977 c. 42.] Rent Act 1977 for the words after " Act" there shall be substituted the words " are—

(a)counties;

(b)London boroughs ; and

(c)the City of London." .

(2)In subsection (2)(a) of that section the words " the area of the Common Council of " shall be omitted.

(3)At the end of section 63 of that Act there shall be inserted—

“(9)In the case of a registration area which is a metropolitan county this section shall apply as if—

(a)the first reference to the local authority in subsection (1) were a reference to the council of each district in the county; and

(b)the second reference to the local authority in that subsection, the references to the local authority in subsection (2) and the reference to the local authority for whose area the scheme is made in subsection (3) were references to such one of the councils of the districts in that county as has been designated by the scheme.”

(4)A scheme under the said section 63 as amended by subparagraph (3) above may be made at any time before the abolition date so as to come into operation on that date.

Building control

14(1)Subject to any building regulations made under section 1 of the [1984 c. 55.] Building Act 1984 (whether before or after the passing of this Act) with respect to any of them, the functions—

(a)of the Greater London Council under the London Building Acts 1930 to 1982 (including functions conferred on the Council by section 43 of the [1963 c. 33.] London Government Act 1963); and

(b)of district surveyors under those Acts,

shall, so far as they relate to Greater London other than the outer London boroughs, become functions of the councils of the inner London boroughs and the Common Council in respect of their respective areas.

(2)The functions conferred on the Greater London Council by section 43 of the said Act of 1963 shall, so far as they relate to the outer London boroughs, become functions of the councils of those boroughs in respect of their respective areas.

(3)In section 146 of the [1957 c. 56.] Housing Act 1957 for the words "in Greater London other than the outer London boroughs, the Greater London Council" there shall be substituted the words " in its area, the council of an inner London borough and the Common Council of the City of London" .

(4)In the [1984 c. 55.] Building Act 1984—

(a)in section 126 for the definition of " local authority " there shall be substituted—

• “' local authority' means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or, for the purposes of Parts I and H above and of this Part so far as it relates to them, the Council of the Isles of Scilly ;”; and

(b)in Schedule 3—

(i)in paragraph 4 for the words " the Greater London Council and any other local authority" there shall be substituted the words " any local authority" ;

(ii)in paragraph 10(1) for the words from the beginning to " inner London boroughs " there shall be substituted the words " The council of an inner London borough may make byelaws in relation to the demolition of buildings in the borough" ; and

(iii)for paragraph 11 there shall be substituted—

“11The council of an inner London borough shall make byelaws with respect to sanitary conveniences, ashpits, cesspools and receptacles for dung and their accessories in connection with buildings (whenever erected) in the borough.”

Trading standards and related functions

15(1)In section 201(2)(a) of the [1972 c. 70.] Local Government Act 1972 for the words " county and London borough, the council of that county " there shall be substituted the words " non-metropolitan county, metropolitan district and London borough, the council of that county, district" .

(2)In section 71(a) of the [1984 c. 30.] Food Act 1984 for the words " county and London borough, the council of that county " there shall be substituted the words " non-metropolitan county, metropolitan district and London borough, the council of that county, district" .

(3)In section 67(1) of the [1970 c. 40.] Agriculture Act 1970 after the words " the council of a county " there shall be inserted the words " , metropolitan district" .

(4)The councils of the districts in a metropolitan county shall, not later than 1st September 1985, establish a joint committee of members of those councils whose duty it shall be from the abolition date to co-ordinate—

(a)the exercise by those councils of the enforcement functions conferred on them by virtue of this paragraph with a view to securing uniformity in the exercise of those functions throughout the county ; and

(b)the employment, provision or use by those councils for the purposes of those functions of staff, property and facilities.

(5)Each joint committee established by virtue of sub-paragraph (4) above shall before the abolition date co-ordinate the making by the councils represented on the committee of preparations for the transfer of the functions which by virtue of sub-paragraphs (1) to (3) above will be exercisable by those councils from that date.

(6)If after the abolition date it appears to the Secretary of State to be necessary or expedient to do so he may, after consultation with the councils of the districts in a metropolitan county, by order establish a single authority for the county to discharge from a date specified in the order the functions conferred on the councils by virtue of this paragraph.

(7)An order under this paragraph may contain such supplementary and transitional provisions as the Secretary of State thinks necessary or expedient, including provisions for the transfer of property, staff, rights and liabilities and provisions amending any enactment or any instrument made under any enactment.

Poisons

16In section 11(2) of the [1972 c. 66.] Poisons Act 1972, in the definition of " local authority " , after the word " county " there shall be inserted the words " metropolitan district" .

Animals

17In section 5 of the [1925 c. 38.] Performing Animals (Regulation) Act 1925—

(a)in subsection (1), in the definition of " local authority "—

(i)for the words " county borough " there shall be substituted the words " London borough" ; and

(ii)for the words " other area, the council of the county " there shall be substituted the words " county or metropolitan district, the council of the county or district" ; and

(b)in subsection (3) for the words after " defrayed " there shall be substituted the words " , in the case of the council of a county, out of the county fund, and in the case of the council of a metropolitan district or London borough, out of the general rate fund. "

18In section 50(2) of the [1981 c. 22.] Animal Health Act 1981 for paragraph (b) there shall be substituted—

“(b)as respects a non-metropolitan county, the county council,

(c)as respects a metropolitan district, the district council,”.

Fisheries

19(1)The [1966 c. 38.] Sea Fisheries Regulation Act 1966 shall be amended as follows.

(2)In section 1(1) for the words " county council" , in both places where they occur, there shall be substituted the words " county or metropolitan district council" .

(3)In section 2(1) for the words " county council" and " county councils" there shall be substituted respectively the words " county or metropolitan district council " and " county or metropolitan district councils " .

(4)In section 3 for the words " county council" there shall be substituted the words " county or metropolitan district council " and for the words " inhabitants of the county " there shall be substituted the words " inhabitants of the county or district" .

(5)For section 17(1) there shall be substituted—

“(1)The expenses of a local fisheries committee, so far as payable by a county or metropolitan district council, shall according as the order constituting the committee provides, be general or special expenses of the council and if special expenses shall be chargeable on such part only of the council's area as may be directed by the order.”

(6)In section 19 for the words " county council" there shall be substituted the words " county or metropolitan district council" .

20In paragraph 5(b) of Schedule 3 to the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975 for the words " county council" there shall be substituted the words " county or metropolitan district council" .

Weeds

21In section 5 of the [1959 c. 54.] Weeds Act 1959 after the word "county " , in both places where it occurs, there shall be inserted the words " or metropolitan district" .

Archives and records

22(1)For section 2(6) of the [1962 c. 56.] Local Government (Records) Act 1962 there shall be substituted—

“(6)Subsections (1) and (2) above apply to the council of every country, metropolitan district or London borough, to the Inner London Education Authority, to a joint authority established by Part IV of the Local Government Act 1985 and to the council of any non-metropolitan district specified in an order made in that behalf by the Secretary of State.”

(2)In section 226 of the [1972 c. 70.] Local Government Act 1972—

(a)in subsection (4), before the word "London" , there shall be inserted the words " metropolitan district," ; and

(b)in subsection (5) for the words "Every county council" there shall be substituted the words " The council of every county or metropolitan district" , and after the word " meeting " in the first place where it occurs there shall be inserted the words " in their area" .

Expenses of Commission for Local Administration in England

23In paragraph 6 of Schedule 4 to the [1974 c. 6.] Local Government Act 1974 for the words " the Greater London Council" there shall be substituted the words " the councils of metropolitan districts and London boroughs, the Common Council of the City of London" .

Notice of orders under Water Act 1945

24(1)Paragraphs 3 and 12 of Schedule 1 to the [1945 c. 42.] Water Act 1945 shall be amended as follows.

(2)In sub-paragraph (i) of each of those paragraphs for the words "county or district" there shall be substituted the word " area" .

(3)For the words following the sub-paragraphs in each of those paragraphs there shall be substituted—

“In sub-paragraph (i) above ' local authority' means the council of a county, district or London borough and the Common Council of the City of London; and any copy to be served under that sub-paragraph on a local authority other than the council of a non-metropolitan district shall have attached to it a copy of the draft order”.

Administrative functions transferred by Courts Act 1971

25Any functions which by virtue of paragraph 1 of Schedule 8 to the [1971 c. 23.] Courts Act 1971 are exercisable by, or by the clerk to, a metropolitan county council shall be exercisable respectively by the council, or the proper officer of the council, of each metropolitan district comprised in the county.

Loan societies

26The functions under section 4 of the [1840 c. 110.] Loan Societies Act 1840 which by virtue of section 62(5) of the [1963 c. 33.] London Government Act 1963 became exercisable by the Greater London Council and the clerk to that council shall—

(a)as respects a society formed in a London borough, be functions of the council of that borough and the proper officer of that council; and

(b)as respects a society formed in the City, be functions of the Common Council and the town clerk to the City.

Mines and quarries

27In section 11(3) of the [1969 c. 10.] Mines and Quarries (Tips) Act 1969 after the word "county " there shall be inserted the words " metropolitan district" .

Section 19.

SCHEDULE 9Inner London Education Authority: Elections and Electoral Arrangements

PART IElections

1(1)The [1983 c. 2.] Representation of the People Act 1983 shall be amended as follows.

(2)After section 31(5) there shall be inserted—

“(6)Any polling district formed for the purpose of the election of councillors for any ward of a London borough shall, if the ward is wholly included in the electoral area for the election of a member of the Inner London Education Authority, be a polling district for the election of a member of that Authority for that electoral area.

(7)If the polling districts in an electoral area for the election of a member of the Inner London Education Authority or any part of such an area are not determined by subsection (6) above—

(a)the council of the London borough which includes mat electoral area, or

(b)in the case of an electoral area which includes the City, the Inner Temple and the Middle Temple, the City of Westminster,

may divide that area or, as the case may be, that part of that area, into polling districts, and may alter any polling district and subsection (3) above applies to any power conferred by this subsection.”

(3)After section 35(3) there shall be inserted—

“(3A)The returning officer at an election of members of the Inner London Education Authority shall be the proper officer of the borough which includes the electoral division for which the election is held or, in the case of the electoral division which includes the City, the Inner Temple and the Middle Temple, the proper officer of the City of Westminster.”;

and in section 35(4) for " (3)" there shall be substituted " (3A);" .

(4)In section 36—

(a)after subsection (3A) there shall be inserted—

“(3AA)Where the poll at an ordinary election of members of the Inner London Education Authority for an electoral division, or an election to fill a casual vacancy occurring in the office of member of that Authority for an electoral division, is to be held on the same date as the poll at an ordinary election of councillors for any ward of a London borough which is wholly included in that electoral division, or an election to fill a casual vacancy occurring in the office of councillor for such a ward, the polls at those elections shall be taken together.”; and

(b)after subsection (4) there shall be inserted—

“(4A)All expenditure properly incurred by a returning officer in relation to the holding of an election of members of the Inner London Education Authority shall, in so far as it does not exceed any scale fixed for that election by the Authority, be paid by that Authority.”

(5)After section 39(1) there shall be inserted—

“(1A)Subsection (1) above shall apply in relation to an election of a member of the Inner London Education Authority with the substitution for the reference to the returning officer of a reference to the proper officer of the Authority. and in section 39(2) and (6)(a)(ii) after the words " Local Government Act 1972 " there shall be inserted the words " or Part III of the Local Government Act 1985" .”

(6)In section 40(2) for the words" and the Local Government Act 1972 " there shall be substituted the words " , the Local Government Act 1972 and Part III of the Local Government Act 1985" .

(7)In section 47(2) after the words "those Acts " there shall be inserted the words " or Part III of the Local Government Act 1985" .

(8)In section 76(2)(b) after paragraph (i) there shall be inserted—

“(ia)at an election to the Inner London Education Authority,, £620 together with an additional 3-7p. for every entry in the register of electors to be used at the election (as first published);”.

(9)In section 82(4)(a) after the words " Greater London Council" there shall be inserted the words " or the Inner London Education Authority" .

(10)In section 203(1)—

(a)before the definition of " electoral area " there shall be in inserted—

• “' council' includes the Inner London Education Authority and, ' councillors' includes members of that Authority ;”;

(b)in the definition of " local authority " after the words " a London borough council" there shall be inserted the words " the Inner London Education Authority" ;

(c)in the definition of " local government Act" after " 1972 "there shall be inserted the words " or Part III of the Local Government Act 1985" ;

(d)in the definition of " local government area " after the words " London borough " there shall be inserted the words " the Inner London Education Area

(11)In section 203(2) after the words " parliamentary elections " there shall be inserted the words " or of elections of members of the Inner London Education Authority" .

PART IIElectoral Arrangements

Amendments of the [1972 c. 70.] Local Government Act 1972

2(1)The principal Act shall be amended as follows.

(2)In section 47(1)(i) after the words " any local government area " there shall be inserted the words " or the Inner London Education Area" .

(3)In subsection (2) of section 50 after the words " every principal area in England " there shall be inserted the words " and the Inner London Education Area " and in subsection (3) of that section after the words " a principal area in England " there shall be inserted the words " or the Inner London Education Area" .

(4)After section 60(7) there shall be inserted—

“(8)In subsections (2) and (5) above references to the council of a local government area and to the principal council of an area include the Inner London Education Authority as respects the Inner London Education Area.”

(5)After section 67(5) there shall be inserted—

“(6)In subsection (5)(c) and (d) above references to councillors for an electoral area include references to members of the Inner London Education Authority and the reference to a local government area includes a reference to the Inner London Education Area.”

(6)In section 78(1) after paragraph (b) of the definition of " electoral arrangements " there shall be inserted—

(7)In section 78(2) for the words "in Schedule 11 to this Act" there shall be substituted the words " in paragraphs 1 to 4 of Schedule 11 to this Act; and in considering the electoral arrangements for the Inner London Education Area for the purposes of this Pari of this Act the Secretary of State and the English Commission shall so far as is reasonably practicable comply with the rules set out in paragraph 5 of that Schedule. "

(8)After paragraph 4 of Schedule 11 to the principal Act there shall be inserted—

“Inner London Education Area

5(1)This paragraph applies to the consideration by the Secretary of State or the English Commission of the electoral arrangements for elections of members of the Inner London Education Authority.

(2)The number of members shall be not less than forty-eight or more than fifty-eight.

(3)The whole of the City and the Temples shall be included with part of the City of Westminster in the same electoral division.

(4)Every other electoral division of the Inner London Education Area shall he wholly within a single inner London borough.

(5)Having regard to any change in the number or distribution of the local government electors in that Area likely to take place within the period of five years immediately following the consideration, the number of local government electors shall be, as nearly as may be, the same in every electoral division in that Area.

(6)Subject to the foregoing provisions in this paragraph, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to—

(a)the desirability of fixing boundaries which are and will remain easily identifiable;

(b)any local ties which would be broken by the fixing of any particular boundary ; and

(c)the boundaries of the wards of the inner London boroughs.”

Initial review of electoral arrangements

3(1)As soon as practicable after the coming into force of this Schedule the English Commission shall review the electoral arrangements for the Inner London Education Area for the purpose of considering future electoral arrangements for that Area on the basis of its division into electoral divisions each returning one member and the Commission shall formulate proposals for those arrangements accordingly.

(2)The provisions of Part IV of the principal Act shall apply to a review under this paragraph as they apply to a review under section 50 of that Act, but in its application to a review under this paragraph section 51 of that Act shall have effect as if it required—

(a)the Commission to submit their report not later than two years after the coming into force of this Schedule ; and

(b)the Secretary of State to make an order under that section giving effect to the proposals of the Commission under this paragraph (whether as submitted to him or with modifications).

Section 29.

SCHEDULE 10NUMBER OF MEMBERS OF JOINT AUTHORITIES

PART IGreater London

PART IIGreater Manchester

PART IIIMerseyside

PART IVSouth Yorkshire

PART VTyne and Wear and Northumberland

PART VIWest Midlands

PART IIIWest Yorkshire

Section 37.

SCHEDULE 11Police and Fire Services

Police

1(1)For section 1(1) of the [1964 c. 48.] Police Act 1964 there shall be substituted—

“(1)Subject to the provisions of this Act, a police force shall be maintained—

(a)for every county in England and Wales which is not comprised in a combined area constituted by an amalgamation scheme or in the Northumbria police area;

(b)for every combined area constituted by an amalgamation scheme; and

(c)for the Northumbria police area.

(1A)For the purposes of this Act the Northumbria police area shall consist of the county of Tyne and Wear and the county of Northumberland.”

(2)In subsection (1) of section 2 of that Act for the words " a police area consisting of a county " there shall be substituted the words " a police area consisting of a non-metropolitan county" .

(3)In subsection (2) of that section—

(a)for the words " a police area consisting of a county " there shall be substituted the words " a police area insisting of a non-metropolitan county" ;

(b)in paragraph (b) the words " in the case of a non-metropolitan county " shall be omitted ; and

(c)paragraph (c) shall be omitted.

(4)After section 2 of that Act there shall be inserted—

“2APolice authorities for metropolitan counties and Northumbria police area.

The police authority for a police area consisting of a metropolitan county shall be the metropolitan county police authority constituted in accordance with the provisions of Part IV of the Local Government Act 1985; and the police authority for the Northumbria police area shall be the Northumbria Police Authority constituted in accordance with those provisions.”

(5)In section 8(3) and (4) of that Act for the words " police area consisting of a county " there shall be substituted the words " police area consisting of a non-metropolitan county " and in section 8(3) for the words "the said Part VIII" there shall be substituted the words " the said Part III" .

(6)In section 11 of that Act for the words "any county there shall be substituted the words " any non-metropolitan county .

(7)After section 31(1)(b) of that Act there shall be inserted—

“(c)by the Northumbria police authority.”

(8)In Schedule 8 to that Act for the entries relating to a county there shall be substituted—

Fire services

2(1)The London Fire and Civil Defence Authority shall be the fire authority for Greater London; and the fire and civil defence authority established under Part IV of this Act for each metropolitan county shall be the fire authority for that county.

(2)References in the [1947 c. 41.] Fire Services Acts 1947 to 1959 and in any other enactment to a fire authority, or to a fire authority constituted by or for the purposes of the Fire Services Act 1947, shall be construed in accordance with sub-paragraph (1) above.

(3)In section 4 of the said Act of 1947 for the words " the council of every county" there shall be substituted the words " the council of every non-metropolitan county

(4)In the [1865 c. 90.] Metropolitan Fire Brigade Act 1865 the references to the Metropolitan Board of Works (which, by virtue of section 48(3) of the [1963 c. 33.] London Government Act 1963, are to be construed as references to the Greater London Council) shall be construed as references to the London Fire and Civil Defence Authority.

Explosives, petroleum etc.

3In paragraph (3) of section 67 of the [1875 c. 17.] Explosives Act 1875 (local authorities for the purposes of that Act) after the words " Outside Greater London " there shall be inserted the words " and a metropolitan county" . and after that paragraph there shall be inserted—

“(3A)In a metropolitan county, the fire authority; and”.

4In section 2(1) of the [1928 c. 32.] Petroleum (Consolidation) Act 1928 (local authorities granting petroleum licences) for paragraph (a) there shall be substituted—

“(a)in Greater London or a metropolitan county, the fire authority;”.

5The functions of a local authority under section 73 of the [1961 c. 64.] Public Health Act 1961 (derelict petroleum tanks) shall be functions—

(a)in Greater London or a metropolitan county, of the fire authority;

(b)elsewhere, of the county council,

and references in that section, and in the provisions of that Act applied by it, to a local authority shall be construed accordingly.

6In section 9 of the [1922 c. 35.] Celluloid and Cinematograph Film Act 1922 at the end of the definition of "local authority" there shall be inserted the words " and in a metropolitan county means the fire authority" .

Section 39.

SCHEDULE 12Passenger Transport

1In section 202(1) of the [1972 c. 70.] Local Government Act 1972 for the words " the county council" there shall be substituted the words " the metropolitan county passenger transport authority" .

2(1)In their application to a passenger transport area which is coterminous with a metropolitan county the provisions of Part II of the [1968 c. 73.] Transport Act 1968 and Schedule 5 to that Act shall have effect without any of the modifications specified in Part II of Schedule 24 to the said Act of 1972 except those in paragraph 17(1) and (3) and—

(a)any reference in those provisions to the councils of constituent areas shall be construed as references to the constituent councils of the metropolitan county passenger transport authority;

(b)for section 13 there shall be substituted—

“13Power to make grants.

The Authority shall have power to make grants to the Executive for any purpose.”;

(c)paragraph 1 of Part II of Schedule 5 shall be omitted.

(2)Only so much of section 9(1), (2) and (4) of the said Act of 1968 as relates to the Passenger Transport Executive shall apply to a passenger transport area which is coterminous with a metropolitan county; and in relation to any order under subsection (1) of that section varying or revoking so much of a previous order as relates to the Executive subsection (2) shall have effect as if the councils to be consulted were the constituent councils and as if in subsection (4) the reference to Part I of Schedule 5 were omitted.

3(1)After section 56(6)(b) of the said Act of 1968 (assistance for capital expenditure on public transport facilities) there shall be inserted—

“(bb)a metropolitan county passenger transport authority ; "”

(2)A metropolitan county passenger transport authority shall have the same powers as a local authority under section 138 of that Act (travel concessions).

4In section 16(1) of the [1970 c. 24.] Finance Act 1970 (computation of profits of Passenger Transport Executive) after the words " as set out in Part II of Schedule 24 to the Local Government Act 1972 " there shall be inserted the words " or Schedule 12 to the Local Government Act 1985 " .

5(1)The [1983 c. 10.] Transport Act 1983 shall be amended as follows.

(2)In section 1 for the definition of "Authority" there shall be substituted " ' Authority' means, in relation to any such Passenger Transport Executive, the metropolitan county passenger transport authority." .

(3)Sections 3(5), 4(3)(b), (4), (5) and (6) and 5(2) shall be omitted.

(4)In subsection (1) of section 6 for the words from " shall supply " onwards there shall be substituted the words " shall before preparing any plan under section 3 above consult the Authority" , subsections (3) and (4) of that section shall be omitted and in subsection (5) of that section after the words " shall inform the Executive " there shall be inserted the words " and the Secretary of State" .

(5)This paragraph has effect from the abolition date except that it also applies (and shall be deemed always to have applied) in relation to any plan prepared before that date under section 3 of the said Act of 1983 for a period beginning on that date and to any determination to be made under section 4(1) of that Act in the light of any such plan.

Section 57(7).

SCHEDULE 13Residuary Bodies

Status

1A residuary body shall not be regarded as acting on behalf of the Crown and neither that body nor its members, officers or servants shall be regarded as Crown servants.

Tenure of office of members

2(1)Subject to the provisions of this paragraph, every member of a residuary body shall hold and vacate his office in accordance with the terms of his appointment.

(2)Any member may resign by notice in writing to the Secretary of State, and the chairman or deputy chairman may by a like notice resign his office as such.

(3)The Secretary of State may remove a member from office if that member—

(a)has become bankrupt or made an arrangement with his creditors;

(b)is incapacitated by physical or mental illness;

(c)has been absent from meetings of the body for a period of three months otherwise than for a reason approved by the body; or

(d)is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.

(4)If the chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman.

Remuneration etc. of members

3(1)A residuary body shall pay to each member such remuneration and allowances (if any) as the Secretary of State may determine.

(2)As regards any member of a residuary body in whose case the Secretary of State may so determine, the body shall pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(3)Where a person ceases to be a member of a residuary body otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the body shall pay as compensation to that person such amount as the Secretary of State may determine.

(4)Where an employee of a residuary body becomes a member of that body and immediately before becoming a member was by reference to his employment by that body participating in a superannuation scheme, the body may make provision for him to continue to participate in that scheme, on terms and conditions determined by the body with the consent of the Secretary of State, as if his service as a member were service as an employee; and any such scheme shall have effect subject to any provision made under this subparagraph.

(5)Any determination by the Secretary of State under this paragraph shall require the consent of the Treasury.

House of Commons disqualification

4In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted at the appropriate place in alphabetical order—

• “Any member of a residuary body established by Part VII of the Local Government Act 1985 who is in receipt of remuneration”.

Proceedings

5(1)A residuary body shall regulate its own proceedings.

(2)The validity of any proceedings of a residuary body shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members.

6(1)The application of the seal of a residuary body shall be authenticated by the signature of the chairman or of some other member authorised either generally or specially by the body for that purpose.

(2)Any document purporting to be a document duly executed under the seal of a residuary body shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

Acquisition and disposal of land

7(1)A residuary body may with the consent of the Secretary of State acquire by agreement any land required by it for carrying out its functions.

(2)A residuary body may dispose of any land held by it in such manner as it wishes and shall dispose of any land held by it which is not required by it for carrying out its functions but subject, in either case, to section 65 of this Act, to the same restrictions as those imposed by subsections (2), (2A) and (6) of section 123 of the principal Act in the case of disposals by a principal council under subsection (1) of that section and to any other restrictions to which it is subject by virtue of the subsequent provisions of this Schedule.

Provision of services

8(1)A residuary body may by agreement with any relevant successor authority, and on such terms as to payment or otherwise as the parties consider appropriate, provide that authority with professional or technical services.

(2)Each residuary body shall as soon as practicable after it is established—

(a)review the professional and technical services provided by the Greater London Council or the relevant metropolitan county council, as the case may be, and the staff employed and property used by them in the provision of those services ; and

(b)in the light of that review ascertain from each relevant successor authority whether it is likely to wish to enter into an agreement with the residuary body under this paragraph, being an agreement the performance of which by that body would make it desirable for any such staff or property to be transferred to that body.

(3)If any relevant successor authority indicates to a residuary body that it is likely to wish to enter into such an agreement as is mentioned in sub-paragraph (2)(b) above that body shall forthwith make a report to that effect to the Secretary of State who shall take it into consideration and make such orders under sections 52 and 100 of this Act as appear to him to be appropriate unless he considers it inexpedient to do so.

(4)In this paragraph "relevant successor authority" , in relation to a residuary body, means a successor authority exercising functions in the area for which that body is established and " successor authority" means a London borough council, the Common Council, a metropolitan district council, a new authority and any other body to which functions or property of the Greater London Council or a metropolitan county council are transferred by or under this Act or any other enactment.

Access to documents of councils

9(1)Any person authorised in that behalf by the London Residuary Body or the residuary body established for a county shall be entitled on producing, if so required, evidence of his authority—

(a)at all reasonable times to inspect and make copies of any document belonging to or under the control of the Greater London Council or the council of that county, as the case may be ; and

(b)to require copies of any such document to be delivered to him.

(2)Any person having custody of any such document who without reasonable excuse—

(a)obstructs a person in the exercise of his rights under subparagraph (1) above; or

(b)refuses or fails to comply with any requirement imposed under that sub-paragraph,

shall be liable on summary conviction to a fine not exceeding the third level on the standard scale and to an additional fine not exceeding £40 for each day on which the offence continues after conviction thereof.

(3)References in this paragraph to copies of a document include references to copies of any part of it.

(4)In this paragraph " document" includes any record of information and, where the record is not in legible form, the rights conferred by sub-paragraph (1) above include the right to require the information to be made available in legible form for inspection or copying and to require copies of it in that form to be delivered.

Reports and information

10(1)Each residuary body shall publish an annual report on the discharge of its functions.

(2)Each residuary body shall send to the Secretary of State a copy of any report made by it under sub-paragraph (1) above and the Secretary of State shall lay copies of it before each House of Parliament.

(3)Each residuary body shall furnish the Secretary of State with such information relating to the discharge of its functions as he may require, and for that purpose shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the body and shall afford such explanation of them as that person or the Secretary of State may require.

Supervision by Parliamentary Commissioner

11The residuary bodies shall be included among the authorities to which the [1967 c. 13.] Parliamentary Commissioner Act 1967 applies.

Application of local government provisions

12A residuary body shall be treated as a local authority or, as the case may be, as a principal council for the purposes of the following provisions of the principal Act—

(a)section 111 (subsidiary powers) ;

(b)sections 112 to 115 and 117 to 119 (staff);

(c)section 128(2) (protection of purchasers) ;

(d)sections 140, 140A and 140C (insurance of members etc.);

(e)section 146 (transfer of securities);

(f)section 223 (appearance in legal proceedings) ;

(g)sections 224, 225 and 229 to 233 (documents); and

(h)section 239 so far as it relates to opposing a local or personal Bill in Parliament and without the procedural requirements in subsection (2).

13A residuary body shall be treated as a local authority for the purposes of—

(a)the [1954 c. 56.] Landlord and Tenant Act 1954 ;

(b)the [1962 c. 56.] Local Government (Records) Act 1962 ;

(c)Part III of the [1969 c. 48.] Post Office Act 1969 ;

(d)section 215 of the [1971 c. 78.] Town and Country Planning Act 1971;

(e)section 13(7)(f) of the [1973 c. 35.] Employment Agencies Act 1973 ;

(f)section 28 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 ;

(g)sections 30, 38 and 41 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976;

(h)section 71 of the [1976 c. 74.] Race Relations Act 1976 ;

(i)section 64 of the [1979 c. 55.] Justices of the Peace Act 1979 ;

(j)section 41 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982;

(k)paragraph 7 of Schedule 1 to the [1982 c. 41.] Stock Transfer Act 1982; and

(l)section 60 of the [1984 c. 28.] County Courts Act 1984.

14A residuary body shall be included among the authorities or bodies to which the following enactments apply—

(a)section 11 of the [1961 c. 62.] Trustee Investments Act 1961 ;

(b)section 3(1) of the [1969 c. 57.] Employer's Liability (Compulsory Insurance) Act 1969 ;

(c)section 5(2) of the [1976 c. 80.] Rent (Agriculture) Act 1976 ; and

(d)section 140(1)(a) of the [1980 c. 51.] Housing Act 1980.

15A residuary body shall be included among the bodies specified in section 99(4) of and Schedule 16 to the [1980 c. 65.] Local Government Planning and Land Act 1980.

16The London Residuary Body shall be included among the authorities to which section 5(3) of the [1963 c. 33.] London Government Act 1963 applies.

17A residuary body shall be included in the local authorities mentioned in section 28(5)(a) of the [1967 c. 88.] Leasehold Reform Act 1967 and sections 29(5) and 38(1) of that Act shall be construed accordingly.

18Without prejudice to paragraph 8 above, a residuary body shall be treated as a local authority for the purposes of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970 and, for the purposes of that Act as it applies in relation to a residuary body, the Secretary of State shall be treated as a public body.

19A residuary body shall be included among the councils mentioned in paragraph 1(3) of Schedule 20 to the [1971 c. 78.] Town and Country Planning Act 1971.

20A residuary body shall be included among the bodies specified in section 144(2)(a) of the [1972 c. 20.] Road Traffic Act 1972.

21A residuary body shall be included among the bodies to which section 14 of the [1977 c. 42.] Rent Act 1977 applies and section 19(5)(aa) of that Act and section 80(1)(c) of the [1980 c. 51.] Housing Act 1980 shall be construed accordingly.

22A residuary body shall be treated as a county council for the purposes of Part I of and Schedule 19 to the Housing Act 1980 and Part I of the [1984 c. 29.] Housing and Building Control Act 1984.

23A residuary body shall be a public sector authority for the purposes of the [1984 c. 50.] Housing Defects Act 1984.

Section 84.

SCHEDULE 14New Authorities: Application of Local Authority Provisions

PART IAmendments of [1972 c. 70.] Local Government Act 1972

Restriction on promotion of Bills for changing local government areas etc.

1In section 70 for the words "No local authority" there shall" be substituted the words " Neither a local authority or joint authority nor the Inner London Education Authority " and after the words " local government area " in both places where they occur there shall be inserted the words " or the Inner London Education Area" .

Qualifications for election and holding office

2At the end of section 79 there shall be inserted—

“(3)In this section " local authority" includes the Inner London Education Authority and references to its area shall be construed as references to the Inner London Education Area.”

Disqualifications for election and holding office

3(1)In subsections (1)(a) and (2)(b) of section 80 after the words " joint board " there shall be inserted the words " , joint authority" .

(2)After subsection (5) of that section there shall be inserted—

“(6)In this section " local authority" includes the Inner London Education Authority.”

Validity of acts done by unqualified persons

4In section 82 after the words " elected to an office under this Act" there shall be inserted the words " or elected or appointed to an office under Part III or IV of the Local Government Act 1985. "

Declaration of acceptance of office

5After section 83(3) there shall be inserted—

“(3A)Subsections (1) to (3) above shall apply also to a person elected to the office of member, or appointed to the office of chairman or vice-chairman, of the Inner London Education Authority and in relation to any such office the references in those provisions to the proper officer of the council and to members of the council shall be construed respectively as references to the proper officer of that Authority and to members of that Authority.”

Resignation

6The provisions of section 84 shall become subsection (1) of that section and after those provisions there shall be inserted—

“(2)A person elected or appointed to an office under Part III or IV of the Local Government Act 1985 may at any time resign his office by written notice delivered to the proper officer of the authority of which he is a member and his resignation shall take effect upon the receipt of the notice by that officer.”

Failure to attend meetings

7At the end of section 85 there shall be inserted—

“(4)In this section " local authority " includes a joint authority and the Inner London Education Authority.”

Declaration of vacancy

8The provisions of section 86 shall become subsection (1) of that section and after those provisions there shall be inserted—

“(2)In this section "local authority" includes a joint authority and the Inner London Education Authority.”

Date of casual vacancies

9At the end of section 87 there shall be inserted—

“(3)This section shall apply also in relation to a casual vacancy in any office for which an election is held, or to which an appointment is made, under Part III of the Local Government Act 1985, taking references to a local authority as references to the Inner London Education Authority.”

Filling of casual vacancies

10(1)After section 88(2) there shall be inserted—

“(2A)In subsections (1) and (2) above " council" includes the Inner London Education Authority.”

(2)After section 89(3) there shall be inserted—

“(3A)Subsections (1) to (3) above shall apply also in relation to a casual vacancy occurring in the office of member of the Inner London Education Authority, taking references to the council and the returning officer as references to the Authority and the proper officer of the Authority.”

Term of office of person filling casual vacancy

11In section 90 after the word "Wales" there shall be inserted the words " or under Part III or IV of the Local Government Act 1985" , and after the words " he is elected " there shall be inserted the words " or appointed" .

Proceedings for disqualification

12At the end of section 92 there shall be inserted—

“(7)In this section " local authority " includes a joint authority and the Inner London Education Authority; and in relation to a joint authority the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for any local government area in the area for which the authority is established.”

Pecuniary interests

13After section 98(1) there shall be inserted—

“(1A)In sections 94 and 97 above " local authority " includes a joint authority and the Inner London Education Authority and in section 94(5)(a) above " principal council" includes any such authority.”

Meetings and proceedings

14In section 99 after the words " local authorities " there shall be inserted the words " , joint authorities, the Inner London Education Authority" .

Discharge of functions

15In section 101(13) after the words "the Middle Temple," there shall be inserted the words " any joint authority except a police authority, the Inner London Education Authority," .

Miscellaneous powers of local authorities

16After section 146 there shall be inserted—

“146AJoint Authorities and Inner London Education Authority.

(1)A joint authority and the Inner London Education Authority shall be treated—

(a)as local authorities for the purposes of sections 111 to 119,128 to 131, 135, 136, 139 (except subsections (1)(b) and (2)), 140, 140A, 140C, 143 and 146 above ; and

(b)as a principal council for the purposes of section 120 (except subsection (1)(b)) and sections 121 to 123 above.

(2)The Inner London Education Authority may exercise any of the powers of a local authority under section 145 above so far as it considers it expedient to do so for the benefit of persons under the age of twenty-six.”

Application of capital money

17After section 153(2) there shall be inserted—

“(3)In this section "local authority" includes a joint authority and the Inner London Education Authority.”

Allowances to members

18After section 176(2) there shall be inserted—

“(3)In this section " local authority " includes a joint authority and the Inner London Education Authority.”

19In section 177(1) after paragraph (a) there shall be inserted—

“(ab)the Inner London Education Authority ;

(ac)a joint authority ;”

and in paragraph (e) the words " joint authority " shall be omitted.

20After section 177A(4) there shall be inserted—

“(5)In this section references to a principal council and a councillor include references to a joint authority and the Inner London Education Authority and to any member of any such authority.”

Legal proceedings

21In section 223(2) after the words " the Common Council" there shall be inserted the words " , a joint authority and the Inner London Education Authority. "

Documents and notices

22The provisions of section 224 shall become subsection (1) of that section and after those provisions there shall be inserted—

“(2)This section applies to a joint authority and the Inner London Education Authority as it applies to a principal council.”

23After section 225(2) there shall be inserted—

“(3)In this section " local authority " includes a joint authority and the Inner London Education Authority.”

24After section 228(7) there shall be inserted—

“(7A)This section shall apply to the minutes of proceedings and the accounts of a joint authority or the Inner London Education Authority as if that authority were a local authority and as if, in relation to a joint authority, references to a local government elector for the area of the authority were a reference to a local government elector for any local government area in the area for which the authority is established.”

25At the end of section 229(8) there shall be inserted the words " and " local authority" includes a joint authority and the Inner London Education Authority."

26The provisions of section 230 shall become subsection (1) of that section and after those provisions there shall be inserted—

“(2)In this section " local authority " includes a joint authority and the Inner London Education Authority.”

27After section 231(3) there shall be inserted—

“(4)In this section " local authority " includes a joint authority and the Inner London Education Authority.”

28After section 232(1) there shall be inserted—

“(1A)In subsection (1) above " local authority " includes a joint authority and the Inner London Education Authority.”

29After section 233(10) there shall be inserted—

“(11)In this section " local authority " includes a joint authority and the Inner London Education Authority.”

30After section 234(3) there shall be inserted—

“(4)In this section " local authority " includes a joint authority and the Inner London Education Authority.”

Byelaws

31(1)In section 236(1) for the words " or any other enactment, whenever passed and conferring on a local authority " there shall be substituted the words " and to byelaws made by a local authority, a metropolitan county passenger transport authority or the Inner London Education Authority under any other enactment and conferring on the authority. "

(2)In section 238 after the words " a local authority" there shall be inserted the words " , a metropolitan county passenger transport authority or the Inner London Education Authority" .

Promoting and opposing local and personal Bills

32(1)After subsection (4) of section 239 there shall be inserted—

“(4A)The powers conferred on a local authority by subsection (1) above shall also be exercisable by a joint authority, and the Inner London Education Authority.”

(2)In subsection (5) of that section for the words " a local authority " there shall be substituted the words " an authority" .

Computation of time

33At the end of section 243(2) there shall be inserted the words " and applies also to sections 19, 31 and 32 of the Local Government Act 1985" .

Interpretation

34In section 270(1) after the definition of " grouped " there shall be inserted—

• “' joint authority' means an authority established by Part IV of the Local Government Act 1985 ;”.

Meetings and proceedings

35(1)Schedule 12 shall be amended as follows.

(2)After Part I there shall be inserted—

“PART IAJOINT AUTHORITIES AND INNER LONDON EDUCATION AUTHORITY

6AParagraph 1 above shall apply to a joint authority as it applies to a principal council in a year in which there are no ordinary elections of councillors and that paragraph shall apply to the Inner London Education Authority as it applies to the council of a London borough.

6BThe other provisions of Part I of this Schedule shall apply to an authority mentioned in paragraph 6A above as they apply to a principal council except that the number of members mentioned in paragraph 3(2) shall be three members in the case of a joint authority and ten members in the case of the Inner London Education Authority.”

(3)After paragraph 45 there shall be inserted—

“46In this Part of this Schedule " local authority " includes a joint authority and the Inner London Education Authority and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.”

PART IIAmendments of Other Enactments

36In section 69(1) of the [1954 c. 56.] Landlord and Tenant Act 1954 at the end of the definition of "local authority" there shall be inserted the words " except that it includes the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985" .

37In the Schedule to the [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960 after paragraph 1(a) there shall be inserted—

“(aa)joint authorities established by Part IV of the Local Government Act 1985 ;

(ab)the Inner London Education Authority ;”.

38In section l1(4)(a) of the [1961 c. 62.] Trustee Investments Act 1961 after the words " City of London" there shall be inserted the words " , the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" .

39In the [1962 c. 56.] Local Government (Records) Act 1962—

(a)in section 2(6) after the words " London borough" there shall be inserted the words " to the Inner London Education Authority, to a joint authority established by Part IV of the Local Government Act 1985" ; and

(b)in section 8(1), in the definition of " local authority " , after the words " county district" there shall be inserted the words " the Inner London Education Authority, or a joint authority established by Part IV of the Local Government Act 1985," .

40In the [1963 c. 33.] London Government Act 1963—

(a)in section 5(3) for the words "the following councils" and " those councils" there shall be substituted respectively the words " the following authorities " and " those authorities " and for the words " and the Common Council" there shall be substituted the words " , the Common Council, the Inner London Education Authority and the London Fire and Civil Defence Authority" ;

(b)after section 75(3) there shall be inserted—

“(4)This section shall apply to the Inner London Education Authority and the London Fire and Civil Defence Authority as it applies to the councils mentioned in subsection (1) of this section.”

41After section 11(2) of the [1966 c. 42.] Local Government Act 1966 there shall be inserted—

“(3)This section shall apply to the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985 as it applies to a local authority.”

42In the [1967 c. 9.] General Rate Act 1967—

(a)in section 85(2), for the words " or the Common Council of the City of London" there shall be substituted the words " , the Common Council of the City of London, the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985" ;

(b)in paragraph 15 of Schedule 1, in the definition of "local authority " , after the words "City of London " there shall be inserted the words " , the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" .

43In section 28(5)(a) of the [1967 c. 88.] Leasehold Reform Act 1967 after the words " district council," there shall be inserted the words " the Inner London Education Authority, any joint authority established by Part IV of the Local Government Act 1985," .

44At the end of section 1(3) of the [1969 c. 2.] Local Government Grants (Social Need) Act 1969 there shall be inserted the words " except that in the application of this section to England and Wales " local authority " shall also include the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985 " .

45In secion 86(1) of the [1969 c. 48.] Post Office Act 1969, in the definition of "local authority " , after the words " London borough " there shall be inserted the words " the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" .

46In section 3(2) of the [1969 c. 57.] Employers' Liability (Compulsory Insurance) Act 1969 after the words " any such council" there shall be inserted the words " the Inner London Education Authority, any joint authority established by Part IV of the Local Government Act 1985" .

47In section 1(4) of the [1970 c. 39.] Local Authorities (Goods and Services) Act 1970, in the definition of " local authority" , after the words " combined authority " there shall be inserted the words " the Inner London Education Authority and any joint authority established by Part IV of the Local Government Act 1985" .

48In the [1971 c. 78.] Town and Country Planning Act 1971—

(a)in section 215(8) after the words " London borough " there shall be inserted the words " the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" ;

(b)in paragraph 1(3) of Schedule 20 for the words " or a London borough council" there shall be substituted the words " a London borough council, the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985" .

49In section 144(2)(a) of the [1972 c. 20.] Road Traffic Act 1972 after the words " London borough " there shall be inserted the words " , the Inner London Education Authority, a joint authority (other than a police authority) established by Part IV of the Local Government Act 1985" .

50In section 13(7)(f) of the [1973 c. 35.] Employment Agencies Act 1973, after the words " local authority " , there shall be inserted the words " , the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985" .

51In the [1974 c. 7.] Local Government Act 1974—

(a)for section 25(1)(c) there shall be substituted—

“(c)any joint authority established by Part IV of the Local Government Act 1985 ;

(ca)any other police authority, except the Secretary of State ;

(cb)the Inner London Education Authority ; and”; and

(b)for section 26(11) there shall be substituted—

“(11)In this section—

(a)references to a person aggrieved include references to his personal representatives ; and

(b)references to a member of an authority concerned include, in the case of a complaint relating to a joint authority established by Part IV of the Local Government Act 1985, references to a member of a constituent council of that authority.”.

52For subsection (6) of section 28 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 there shall be substituted—

“(6)References in subsections (3) and (5) above to a local authority include the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985.”.

53In the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976—

(a)after section 19(5) there shall be inserted—

“(5A)Without prejudice to subsection (4) above, the Inner London Education Authority may exercise the powers of a local authority under subsections (1) to (3) above so far as it considers it expedient to do so for the benefit of persons under the age of twenty-six.”;

(b)in section 44(1) for the definition of "local authority " there shall be substituted—

• “' local authority' means a county council, the Greater London Council, a district council, a London borough council, the Common Council, the Council of the Isles of Scilly and—

  (a)

  in sections 13 to 16, 29, 30, 38, 39 and 41 of this Act, the Inner London Education Authority and a joint authority established by Part rv of the Local Government Act 1985 ;

  (b)

  in sections 1,16,19, 30, 36, 39 and 41 of this Act, a parish council and a community council.”

54At the end of section 71 of the [1976 c. 74.] Race Relations Act 1976 there shall be inserted the words " ; and in this section " local authority " includes the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985." .

55After section 5(3)(b) of the [1976 c. 80.] Rent (Agriculture) Act 1976 there shall be inserted—

“(ba)the Inner London Education Authority ;

(bb)a joint authority established by Part IV of the Local Government Act 1985 ;”

56After section 14(c) of the [1977 c. 42.] Rent Act 1977 there shall be inserted—

“(ca)the Inner London Education Authority ;

(cb)a joint authority established by Part IV of the Local Government Act 1985 ;”

57In section 64 of the [1979 c. 55.] Justices of the Peace Act 1979—

(a)in subsection (1) the words " within the meaning of the Local Government Act 1972 or the Local Government (Scotland) Act 1973 " shall be omitted ; and

(b)after subsection (5) there shall be inserted—

“(6)In this section " local authority " means a local authority within the meaning of the Local Government Act 1972 or the Local Government (Scotland) Act 1973, the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985.”

58In the [1980 c. 51.] Housing Act 1980—

(a)in section 19(1), after the words " county council" , there shall be inserted the words " a joint authority established by Part IV of the Local Government Act 1985," ;

(b)in section 28(4), after paragraph (ad), there shall be inserted—

“(ab)the Inner London Education Authority ;

(ac)a joint authority established by Part IV of the Local Government Act 1985”;

(c)in section 110—

(i)in subsection (7)(b), after the words "the Greater London Council" , there shall be inserted the words " , the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985 " ; and

(ii)in subsection (15), after the words "City of London " , there shall be inserted the words " , the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" ;

(d)in section 111(6), after the words "City of London" , there shall be inserted the words " , the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" ;

(e)after section 140(2)(a) there shall be inserted—

“(aa)the Inner London Education Authority ;

(ab)a joint authority established by Part IV of the Local Government Act 1985 ;”;

(f)after paragraph 1(3)(a) of Schedule 1 there shall be inserted—

“(aa)the Inner London Education Authority ;

(ab)a joint authority established by Part IV of the Local Government Act 1985 ;”;

(g)in paragraph 9(2)(a) of Schedule 1A, after the words " county council," , there shall be inserted the words " the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985." ; and

(h)after paragraph 14(1)(b) of Schedule 19 there shall be inserted—

“(ba)the Inner London Education Authority,

(bb)a joint authority established by Part IV of the Local Government Act 1985,”.

59(1)In the [1980 c. 65.] Local Government, Planning and Land Act 1980—

(a)in section 2(1), at the end of paragraph (k) the word " and " shall be omitted and there shall be inserted—

“(ka)a joint authority established by Part IV of the Local Government Act 1985 ;”;

(b)in section 20(1), in the definition of " local authority " , after the words " City of London " there shall be inserted the words " the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" ;

(c)in section 71(1) the word " and " at the end of paragraph (g) shall be omitted, and at the end of paragraph (h) there shall be inserted—

“(i)the Inner London Education Authority ; and

(j)a joint authority established by Part IV of the Local Government Act 1985.”;

(d)in subsection (1) of section 72 after the word " applies " there shall be inserted the words " by virtue of any paragraph of section 71(1) above other than paragraphs (f) and (J) " and at the end of that subsection there shall be inserted the words " ; and the appropriate Minister may, if he thinks fit, specify an amount of prescribed expenditure for any year in relation to an authority to whom this Part of this Act applies by virtue of either of those paragraphs" ;

(e)after section 82(3) there shall be inserted—

“(3A)This section shall have effect in relation to a metropolitan county as if references to the council of the county were references to the metropolitan county passenger transport authority.”;

(f)after section 99(4)(d) there shall be inserted—

“(da)the Inner London Education Authority ;

(db)a joint authority established by Part IV of the Local Government Act 1985 ;”;

(g)in Schedule 16 after paragraph 5 there shall be inserted—

“5AThe Inner London Education Authority.

5BA joint authority established by Part IV of the Local Government Act 1985.”.

60In section 17(4) of the [1981 c. 67.] Acquisition of Land Act 1981, in the definition of " local authority " after the words " City of London " there shall be inserted the words " , the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985" .

61In the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982—

(a)in section 33(9)—

(i)in paragraph (a), after the words " City of London " there shall be inserted the words " the Inner London Education Authority or a joint authority established by Part IV of the Local Government Act 1985" ; and

(ii)at the end of paragraph (b) there shall be inserted the words " , in relation to the Inner London Education Authority means the Inner London Education Area, and in relation to such a joint authority means the area for which the authority was established" ; and

(b)at the end of the definition of " local authority " in section 41(13) there shall be inserted— “and

62In paragraph 7(2)(a) of Schedule 1 to the [1982 c. 41.] Stock Transfer Act 1982 after the words " City of London " there shall be inserted the words " the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" .

63In section 60(3) of the [1984 c. 28.] County Courts Act 1984 after the words "London borough council" there shall be inserted the words " the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985. "

64In the [1984 c. 29.] Housing and Building Control Act 1984—

(a)after section 18(3)(b) there shall be inserted—

“(ba)the Inner London Education Authority ;

(bb)a joint authority established by Part IV of the Local Government Act 1985 ;”;

(b)in section 20(5), in the definition of " local authority " , after the words " City of London " there shall be inserted the words " , the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" ; and

(c)after paragraph 10(2)(b) of Schedule 4 there shall be inserted—

“(ba)the Inner London Education Authority,

(bb)a joint authority established by Part IV of the Local Government Act 1985,”.

65In paragraph 1 of Schedule 4 to the [1984 c. 50.] Housing Defects Act 1984, after the words " City of London " , there shall be inserted the words " , the Inner London Education Authority, a joint authority established by Part IV of the Local Government Act 1985" .

Section 91.

SCHEDULE 15Section 91: Supplementary Provisions

PART IRelevant Assistance

1(1)In section 91 of this Act (" the principal section ") " relevant assistance" means assistance under any such enactment as is mentioned in sub-paragraph (2) below and consisting of a payment to or for the benefit of a local authority or—

(a)the carrying out for a local authority of any works ;

(b)the supply to a local authority of any goods ;

(c)the provision for a local authority of administrative, professional or technical services; or

(d)the hiring to a local authority, or gratuitously making available to a local authority the use of, any vehicle, plant or apparatus of the Greater London Council or the metropolitan county council, as the case may be.

(2)The enactments referred to in sub-paragraph (1) above are—

(a)sections 101, 113(1) and 136 of the principal Act;

(b)section 5(1) and (3) of the [1963 c. 33.] London Government Act 1963 ;

(c)sections 7(1) and (6), 8, 273, 274 and 275 of the [1980 c. 66.] Highways Act 1980; and

(d)any other enactment (including a provision in a local Act or any instrument made under an Act) by virtue of which the Greater London Council or a metropolitan county council may agree or be required to discharge any functions of another local authority.

PART IIConsequences of Contravention

2(1)If in contravention of the principal section the Greater London Council or a metropolitan county council makes a grant to a local authority, enters into any agreement or arrangements for giving relevant assistance to a local authority or gives relevant assistance to a local authority—

(a)the appropriate residuary body shall be entitled to recover from that local authority on demand—

(i)an amount equal to the grant or to the value of the relevant assistance given or to be given under the agreements or arrangements at any time after 24th July 1984 and before the abolition date ; and

(ii)interest on that amount; and

(b)any sums payable by that local authority (whether before, on or after the abolition date) in consequence of a demand under paragraph (a) above shall be treated for the purposes of section 54(5) of the [1980 c. 65.] Local Government, Planning and Land Act 1980 as relevant expenditure of the authority for the financial year ending on 31st March 1986.

(2)A residuary body shall not make any demand for or take any steps to recover any amount payable under this paragraph unless directed to do so by the Secretary of State or otherwise than in accordance with his directions.

(3)A contravention of the principal section shall have no consequences other than those specified in this paragraph and accordingly shall not affect the validity of any grant, agreement or arrangements or of anything done under any agreement or arrangements.

3For the purpose of determining the amount recoverable under paragraph 2 above in respect of any relevant assistance, the value of that assistance shall be taken to be—

(a)in the case of a payment, an amount equal to the payment;

(b)in a case within paragraph 1(1)(a), (b), (c) or (d) above, such amount as the local authority would have had to pay on the open market in order, at the material time, to secure the carrying out of the works, or to obtain the goods or services or the use of the vehicle, plant or apparatus in question.

4The Secretary of State may direct a local authority from which an amount in respect of relevant assistance is recoverable under paragraph 2 above to determine the value of that assistance in accordance with paragraph 3 above ; and if the authority reports the result of its determination within such time as is specified in the direction and the Secretary of State is satisfied with that determination it shall be conclusive evidence of that value.

5(1)Where the value of any relevant assistance is not conclusively determined under paragraph 4 above it shall be determined in accordance with paragraph 3 above by a person appointed for that purpose by the Secretary of State, being a person who is not in the service of the Crown and has such qualifications as appear to the Secretary of State to be appropriate ; and the determination of that person shall be conclusive evidence of that value.

(2)The local authority by which the relevant assistance was received shall repay to the Secretary of State the amount of any fee payable by him to the person appointed under this paragraph to determine the value of that assistance ; and if any such amount is not paid the Secretary of State may direct the appropriate residuary body to recover it from the local authority and it shall be recoverable from that authority accordingly.

6The interest recoverable under paragraph 2 above in respect of any grant made or relevant assistance given to a local authority shall accrue from the date on which the grant is made or, as the case may be, the assistance or any part of it is first received by the authority and shall be at such rate as the Secretary of State may determine ; and different rates may be determined in respect of interest accruing at different periods.

PART IIIFailure to Furnish Information

7Where under section 230 of the principal Act a local authority to which the Greater London Council or a metropolitan county council has power to make a grant or to give relevant assistance is required by the Secretary of State to furnish him with any information for the purposes of the principal section and that information is not furnished within a reasonable time, the Secretary of State may exercise his power under paragraph 2(2) above to direct the appropriate residuary body to demand and recover from the authority an amount determined by him on such assumptions as to the making of grants or the giving of relevant assistance to the authority as he thinks appropriate and that amount, together with interest thereon from such date as he may determine, shall be recoverable under paragraph 2 above accordingly.

Section 102.

SCHEDULE 16Consequential Amendments

The London Government Act 1963 (c.33)

1In section 73(1) of the London Government Act 1963 for the words before paragraph (a) there shall be substituted the words " Any of the London borough councils and the Common Council may, for the purpose of giving publicity to the amenities and advantages of their respective areas—" , and in paragraph (d) for the words " Greater London " there shall be substituted the words " their respective areas" .

The Local Government Act 1972 (c.70)

2In sections 2(1) and 6(2)(a) of the Local Government Act 1972 before the word " county " there shall be inserted the word " non-metropolitan" .

3In section 7(2) of that Act for the words " a year of election of county councillors " there shall be substituted the words " 1977 and every fourth year thereafter" .

4For section 47(4) of that Act there shall be substituted—

“(4)For the purposes of subsection 1(b) and (c) above metropolitan and non-metropolitan districts are areas of a like description.”

5In section 48(1) of that Act, in paragraph (a) before the word " counties " there shall be inserted the word " non-metropolitan " and in paragraph (b) after the word " it" , in the second place where it occurs, there shall be inserted the words " and between each of the metropolitan counties and the non-metropolitan counties adjoining it" .

6At the end of section 62 of that Act there shall be inserted—

“(9)In the case of the boundary between a metropolitan county and a county in Wales the references in subsection (1) above to the councils of both counties and in subsection (7) above to the county councils concerned shall be treated as references to the council of the metropolitan district and the council of the county in Wales between which the boundary lies.”

7In section 141(1) of that Act for the words " The council of a county" there shall be substituted the words " The council of a non-metropolitan county" .

8In section 270(1) of that Act—

(a)at the end of the definition of " county " there shall be inserted the words " , but in the expressions ' county council',' council of a county', ' county councillor' and ' councillor of a county' means, in relation to England, a non-metropolitan county only ;" ;

(b)in the definition of " principal area " for the words " county, Greater London " there shall be substituted the words " non-metropolitan county" .

The Local Government, Planning and Land Act 1980 (c.65)

9In section 56(3) of the Local Government, Planning and Land Act 1980 for the words " the appropriate authorities " there shall be substituted the words " the councils of districts in the county" .

The Representation of the People Act 1983 (c.2)

10In section 22(3) of the Representation of the People Act 1983—

(a)in paragraph (a) for the words " electoral division of Greater London" there shall be substituted the words " constituency in Greater London or in a metropolitan county" ;

(b)in paragraph (b) for the word " county" there shall be substituted the words " non-metropolitan county" .

11In section 35(1) of that Act for the words "every county council" there shall be substituted the words " every non-metropolitan county council" .

Section 102.

SCHEDULE 17Repeals